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Birth Injury Lawsuits

If your child sustains an injury of a serious nature during birth due to medical negligence, the effects can be a long-lasting issue. Our atlanta birth injury lawsuit birth injury attorneys can help families seek compensation for their long-term medical costs and future loss of income.

To make a convincing case, we need to show that healthcare providers failed to ensure a high standard of care. We gather evidence by using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are required to provide patients with the standard of care. This obligation stems from laws that govern the healthcare industry as well as the rules and regulations established by medical professionals' professional associations.

A doctor who fails to adhere to the standards of care can be held liable for any injuries caused through their negligence. However the successful claim for malpractice requires a thorough investigation as well as a solid case based on solid evidence, such as medical documents and witness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to gather information quickly and efficiently, even though the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1.) the doctor's duty to comply with the standards of care; 2)) an infringement of that duty occurred; 3) the breach by the defendant directly caused the injury and four) the injury resulted in damages. The determination of each of these elements requires an expert witness. They are medical professionals with years of knowledge of their field and familiarity with accepted methods. A skilled birth injury lawyer will have a nationwide network of expert witnesses that they can rely on to be a witness.

It is not unusual for doctors with good intentions to make mistakes that harm the child. These mistakes could include mistakes in diagnosis, failure to recognize the presence of fetal distress, medication mistakes surgical errors, the inability to perform an emergency C section when required.

The harm suffered by the child may be severe. A compassionate Atlanta birth injury lawyer can assist these families get the compensation they are entitled to for all their losses and hardships. These losses can include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial assistance they require to pay for their future medical expenses. This includes hiring experts in the field of medicine and finance to estimate the current and future losses and create a solid legal strategy to seek the maximum amount of compensation.

Breach of Duty

A duty is an obligation that is borne out of the relationship. For example, a duty to pay taxes or not rob. When a medical professional owes you a duty, they have to use reasonable care to safeguard your best interests. In a medical malpractice case failing to meet this standard could be deemed negligence. This is what causes birth injuries, including cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this case the mother of the child) must prove that the healthcare professional owed her a high level of care, and that they violated that duty by acting negligently. The breach has to be tied to the injury suffered, which means that the healthcare professional’s actions or inactions have to be different from what other doctors would have done in similar situations.

A good example of this is the failure of a doctor to call for an emergency C-section even though the mother and baby are experiencing distress in the fetus. This is the most frequent kind of medical malpractice that's alleged in birth injury cases.

Healthcare professionals can also be guilty of a breach if they act recklessly or show poor judgment. Examples of this include putting in the wrong medication or mishandling an operation. In a lot of cases, negligence is preventable if medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation can pay for medical expenses, ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The damages you can get depend on the severity of your child's injuries as well as the impact they'll have on their lives in the future. Our lawyers will analyze your case in detail, gather the required evidence and determine the amount you are entitled to in damages. We will then assist you in negotiating an acceptable settlement. If a settlement cannot be reached, we will prepare to go to trial. Contact us today if you think your child's doctor has committed negligence.

Causation

To bring a lawsuit against a healthcare professional over a birth injury, you must demonstrate a variety of legal aspects. One of the most crucial elements is that the medical professional failed to meet a reasonable standard within their area of expertise. Expert evidence is used to prove this element of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to construct a convincing case for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent act or inactions directly resulted in the victim suffering an injury. Again, this is a crucial element and expert medical witnesses can prove that the medical professional was deviating from the accepted standards of care in their field, which in turn resulted in the victim suffering an injury.

In order for a medical malpractice claim to succeed the plaintiff must demonstrate that their injuries were compensable under Georgia's law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are usually awarded to cover expenses such as rehabilitation costs, medical expenses and ongoing treatment loss of quality of life, and lost wages resulting from taking off from work. Non-economic damages are awarded for emotional distress as well as pain and discomfort and mental anguish that results from the injury.

A experienced Atlanta birth injury lawyer will examine the medical records to determine who was responsible for the injuries your child sustained and examine how these errors could have been avoided. Based on the circumstances, the hospital or other healthcare professionals could be accountable for the error.

A dedicated Atlanta birth injury lawyer can help parents who have a child born with a severe disability such as cerebral palsy or a serious spinal injury. They can also obtain financial assistance to improve the quality of life of their child as well as to pay future medical expenses. A lawyer will work diligently to investigate your situation and file an effective claim against the parties responsible. They understand the science behind these kinds of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mishap can affect the future of your family.

Damages

Whatever the best intentions of doctors are, medical mistakes happen. When they do, the repercussions could be devastating for families. The injuries can alter their lives for the rest of their lives, leaving them with an ongoing need for medical treatment and other costs that will never go away. The compensation awarded could help pay for these expenses and help them recover for other losses.

A family can bring a birth injury lawsuit to hold the healthcare professional responsible for the error and seek the financial compensation. The lawyer handling the case will first gather all relevant information including medical records. Once they have collected all the information and have it all, they will present a lawsuit in court, naming both the hospital and the doctor as defendants. Following this, they will seek an amount for a settlement, but there is no guarantee that they will agree to one.

In addition to economic damages, a family could be awarded non-economic, pain and suffering damages. These are intended to pay for the emotional trauma and stress that the child and his or her family endured. They can be a challenge to estimate however, a skilled lawyer can try to negotiate a fair settlement for the child's and his or parents the losses.

Punitive damages are meant to punish the person responsible for their reckless behavior and discourage others from engaging in similar behaviour. They are rare in medical malpractice cases but can be awarded if a jury finds that the defendant's actions were particularly reckless or egregious.

If your child suffered an injury to their birth due to the negligence of a health professional, you might want to contact a dedicated Atlanta birth injury lawyer as soon as possible. There is a specific deadline known as the statute of limitations within which you can make a claim for birth injuries and the attorney who handles these kinds of claims is in a position to inform you of the timeframe you have left.