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Birth Injury Lawsuits

When your child is injured during birth because of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers can help families seek compensation to pay for their medical bills for the long-term and future loss of earnings.

To build a convincing case, we must demonstrate that healthcare providers did not maintain a high level of care. We gather evidence by using eyewitness accounts, medical experts' opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical staff have a duty to provide patients with the standard of medical care. This obligation is derived from the laws governing the healthcare industry and rules and regulations set by medical professionals professional associations.

A doctor could be held responsible for the harm caused by negligence if they fail meet the standard. A successful malpractice case will require a thorough investigation as well as a strong case that is based on reliable evidence like medical records and eyewitness testimonies. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather all the necessary information quickly while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements one of which is) that the doctor had a duty to follow the standard of care, 2) that the breach occurred,) the defendant breach directly caused the injuries, and four) damages were caused by the injuries. Each of these elements must be proven by an expert witness. They are medical professionals who have extensive experience and know-how in their area of expertise. A qualified birth injury lawyer will have a nationwide network of expert witnesses they can call upon to provide evidence.

While most birth injuries result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes and harm children. These errors could be due to mistakes in diagnosis, failure to recognize the presence of fetal distress, medication mistakes surgical errors, the failure to perform an emergency C section when required.

The damage caused by the child may be substantial. A caring Atlanta birth injury lawyer can help families get the compensation they deserve for all of their losses and hardships. These losses can include medical expenses, loss of income and the cost of long-term medical treatment and care, pain and suffering, and mental anguish.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, receive the financial assistance they need to pay their medical bills in the future. This includes enlisting medical and financial experts to calculate their current and future losses and create a solid legal strategy to obtain maximum compensation.

Breach of Duty

A duty is an obligation imposed by law that results from an agreement, like an expectation that you will pay your taxes or a duty not to rob. When a medical professional owes you a duty, they have to take reasonable care to protect your best interests. In a lawsuit involving medical malpractice the failure to adhere to this standard is termed negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, a plaintiff (in this instance, the child's mother) must show that the healthcare professional had a duty of care, and that the healthcare professional breached this duty by committing negligence. The breach must also be correlated to the injury that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.

One example of this is a doctor who fails to order an emergency C-section when the mother and baby are suffering from fetal distress. This is the most typical kind of medical malpractice that is alleged in a case of birth injury.

A healthcare professional may also commit a breach when they are reckless or display poor judgment. Examples of this include administering the wrong medication or not properly handling an operation. In many instances the risk of negligence is avoided by medical professionals who are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can be used to cover the cost of medical treatment as well as ongoing therapy, assistive devices and other losses. Our atlanta birth injury lawsuit birth injury lawyers are ready to help victims recover the compensation they are entitled to. The amount of damages you are entitled to is contingent upon the severity and the impact of your child's injury. Our attorneys will examine your case with care, collect the required evidence and determine the amount you are entitled to in damages. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached we will prepare for trial. Contact us now if you suspect your child's physician did not follow through.

Causation

Bringing a birth injury lawsuit against a healthcare professional requires proving several legal elements. One of the most crucial elements is that the medical professional violated their duty to patients by not adhering to a reasonable standard of care in their area of expertise. Expert testimony is used to establish this aspect of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to build a convincing case for their clients.

The next step is to establish the cause in the medical malpractice case. This means that the negligent actions or inactions directly resulted in the victim suffering an injury. It is an essential element and expert medical witnesses will be able to prove that the medical professional acted in a manner that was different from the accepted standards of care in their field, which in turn resulted in the victim suffering an injury.

In order to prevail in a medical malpractice lawsuit, the plaintiff will also need to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice could include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, as well as lost wages due time off work. Non-economic damages are awarded to cover emotional suffering, distress and mental stress due to the injury.

A experienced Atlanta birth injury lawyer will examine the medical records to determine who was accountable for your child's injuries and will look into how these mistakes could have been avoided. Depending on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be held accountable for the medical malpractice.

If a child of a parent is born with a serious condition, such as cerebral palsy, serious spinal cord injury or other mental or physical disabilities, a dedicated Atlanta birth injury lawyer can help them get financial assistance to improve the quality of their child's life and to cover future medical needs. An attorney will look into your case and make a strong claim against the parties responsible. They are aware of the science behind these kinds of injuries, the roles doctors and hospital staff play in them and how the consequences of a mishap can impact your family's future.

Damages

Medical mistakes can happen regardless of how well-intentioned the medical professionals may be. When they do, the results can be devastating to families. The injuries may change their lives forever and leave them with an ongoing need for medical attention and other expenses that will never cease. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

A family can bring a lawsuit based on birth injuries to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have all the information, they will file the lawsuit with the court with the hospital and doctor as defendants. They will then request a settlement however there is no guarantee they will agree to one.

A family could also be awarded pain and suffering damages or non-economic damages in addition economic damages. These damages are designed to compensate a child's family for the emotional stress and trauma they endured. These can be a challenge to estimate however, a skilled lawyer could seek a fair settlement for the child's or parents the losses.

There are also punitive damages which are designed to penalize the party at fault for their indefensible behavior and discourage others from engaging in similar conduct. These are uncommon in medical malpractice cases, but could be awarded if the jury is convinced that the defendant's actions were reckless or inexplicably reckless.

If your child sustained a birth injury because of the negligence of a health care professional, you should to speak with an experienced Atlanta birth injury lawyer as soon as you can. There is a strict deadline called the statute of limitations, within which you must submit a birth injury claim and the lawyer who handles these kinds of claims is able to advise you on how long you have left.