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Birth Injury Lawsuits

If your child suffers a serious injury at birth due to medical negligence, the consequences can last a lifetime. Our Atlanta birth injury lawyers assist families obtain compensation to cover their medical bills for the long-term and lost future earnings.

In order to build a convincing case, we need to demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical personnel have a duty to offer patients the highest level of treatment. This obligation is derived from the laws that govern the healthcare industry and the rules and regulations set by medical professionals' professional organizations.

A physician who fails to meet the standards of care could be held accountable for injuries caused due to their negligence. However, a successful malpractice claim requires a thorough investigation as well as an argument that is based on credible evidence, including medical records and witness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather all the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements that include: 1)) that the doctor owed an obligation to adhere to the standard of care, 2) that a breach occurred, 3) the breach by the defendant directly caused the injuries, and four) damages were caused by the injuries. Each element must be established by an expert witness. These experts are medical professionals who have extensive experience and know-how in their field. A skilled birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to provide evidence.

Although most birth injuries result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes that harm children. These mistakes can include mistakes in diagnosis or failure to recognize the signs of stress in the fetus and medication errors, surgical mistakes, or inability to perform an urgent C-section.

The damage caused by the child could be severe. A caring Atlanta birth injury attorney can help families get the compensation they are entitled to for their losses and hardships. These losses could include medical costs as well as loss of income and the cost of long-term medical treatment and care as well as pain and Atlanta birth injury attorneys suffering and mental stress.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their families receive the financial support they need to pay for their future medical expenses. This involves hiring medical and financial experts to assess future and current losses and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that is borne out of a relationship. For example, a duty to pay taxes or not steal. A medical professional who has a duty to you must act in your best interests. In the case of medical malpractice the failure to adhere to this standard is referred to as negligence. This is what causes birth injuries, including cerebral palsy, as well as other birth-related disabilities.

In order to prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare professional was responsible for a high standard of care, and that they acted in breach of the duty of care by committing negligence. The breach must also be linked to the harm suffered by the plaintiff, which requires establishing that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done in similar circumstances.

A good example of this is the failure of a doctor to request an emergency C-section if the mother and baby are in fetal distress. This is the most typical form of medical malpractice accused in birth injuries.

Another type of breach is when healthcare professionals are reckless or exhibits poor judgment. This could be due to administering incorrect medication or mishandling surgical procedures. In many instances the risk of negligence is avoided by medical professionals who are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation can be used to cover medical expenses and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury attorneys are prepared to assist victims get the compensation they deserve. The damages you could receive depend on the severity of your child's injuries and the impact they'll affect their lives going forward. Our lawyers will review your case with care, collect the evidence required and determine the amount you are owed in damages. We will then negotiate an equitable settlement with you. If a settlement isn't reached we will prepare for trial. Contact us today if suspect your child's physician did not follow through.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by failing to adhere to an acceptable standard of care in their field of expertise. Expert testimony is used to establish the basis of medical malpractice claims. Atlanta birth injury attorneys will consult the best experts in their field to create an argument that is convincing for their clients.

The second element of a claim for medical malpractice is causation. This means that the negligent act or failures to act directly led to an injury to the patient. This is another crucial element and medical experts can prove that the medical professional strayed from the accepted norms in their field that resulted in the victim being injured.

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

A competent Atlanta birth injury lawyer will examine the medical records to determine who is accountable for your child's injuries and will examine how these errors could have been prevented. Based on the circumstances the hospital or other healthcare professionals may be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a severe disability such as cerebral palsy or severe spinal injuries. They can also obtain financial assistance to improve the quality of life their child and pay for future medical expenses. An attorney will look into your case and make an effective claim against the parties responsible. They are aware of the scientific basis for these injuries, the role that doctors and hospital staff plays in these accidents, and how errors could affect the future of your family.

Damages

Regardless of how well-intentioned doctors are, atlanta birth Injury attorneys medical errors occur. The consequences of medical mistakes can be devastating for families. The injuries may change their lives forever leaving them with an ongoing need for medical treatment and other costs that will never cease. The compensation awarded could aid in the payment of these expenses and compensate them for their other losses.

A family may file a lawsuit for birth injury to hold a medical professional accountable for their mistake and also to get financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have gathered all the relevant information, they will file a lawsuit in court and name both the doctor and the hospital as defendants. They will then ask for an agreement however there is no guarantee they will accept one.

In addition to the economic damages, families may be awarded non-economic, pain and suffering damages. These damages are intended to compensate a child's family for the emotional stress and trauma they endured. These settlements can be challenging to calculate, but a knowledgeable lawyer could try to get an equitable settlement to compensate the child and/or parents for the losses they suffered.

There are also punitive damages which are designed to punish the at-fault party for their indefensible conduct and deter others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they are awarded when juries find that the defendant's conduct was especially egregious.

If you suspect that your child has suffered injuries related to birth because of the inattention or negligence of the healthcare professional, it is important to get in touch with an atlanta birth injury lawsuit birth injury lawyer as quickly as you can. The statute of limitations is the time limit for filing your claim for birth injury. Your lawyer will be able to tell you how long you still have.