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Birth Injury Lawsuits

If your child suffers an injury at birth as a result of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury lawyers can help families obtain compensation to cover their long-term medical needs and loss of future earnings.

To build a convincing case, we need to demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence by using eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the highest standard of care for their patients. This obligation stems from laws that govern the healthcare industry and rules and regulations set by medical professionals professional organizations.

A physician who fails meet the standards of care could be held liable for injuries caused by their negligence. A successful malpractice claim will require a thorough investigation as well as a strong case that is based on reliable evidence such medical documents and eyewitness testimony. An atlanta birth injury lawsuit birth injury lawyer is skilled in investigating these cases, and they know how to gather the necessary information quickly, while evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements: 1) that the doctor was under obligation to observe the standard of care, 2)) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and four) damages were caused by the injuries. The determination of each of these elements requires an expert witness. These experts are medical professionals with extensive experience and know-how in their area of expertise. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can rely on to be a witness.

Although the majority of birth injuries result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes and hurt the child. These errors can result in misdiagnosis or failure to detect the signs of stress in the fetus, medication errors, surgery mistakes, or inability to perform a C-section urgently.

The damage caused by the child can be substantial. A caring Atlanta birth injury attorney can help these families receive the compensation they deserve for their hardships and losses. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their families get the financial support they need to pay for their future medical needs. This includes enlisting experts in the field of medicine and finance to assess the current and future losses and devise a sound legal strategy for seeking the maximum amount of compensation.

Breach of Duty

A duty is an obligation that arises from a relationship. For instance the obligation to pay taxes or not steal. A medical professional who owes the obligation to you must act in your best interests. In a medical malpractice case the failure to adhere to this standard can be called negligence. Birth injuries, like cerebral palsy and birth-related disabilities, are caused by this.

To prove medical malpractice the plaintiff (in this instance, the mother of the child) must demonstrate that the healthcare professional was obligated to provide the highest level of care, and that they breached this duty by committing negligence. The breach has to be tied to the injury sustained and the healthcare professional's actions or inactions must have been different from what other doctors would have done in similar circumstances.

A doctor who does not request an emergency C section when both mother and child are in fetal distress is a prime instance. This is the most typical kind of medical malpractice that is claimed in a birth injury case.

Another kind of breach occurs when healthcare professionals are reckless or exhibits poor judgment. Examples of this include putting in the wrong medication or not properly handling the procedure. In many cases, negligence is preventable when medical professionals are aware of the dangers that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a devastating birth trauma. Compensation can be used to cover medical costs and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they deserve. The amount you are entitled to is contingent upon the severity and impact of the injury to your child. Our lawyers will analyze your case carefully, gather the required evidence and determine the amount you are entitled to in damages. We will then work with you to negotiate an equitable settlement. If a settlement is not reached, we will prepare to go to trial. If you believe the medical professional who treated your child was guilty of negligence, contact us today to get started on your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injuries, you must establish a number of legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by not adhering to the appropriate standard of care within their field of expertise. This element of a medical malpractice claim is proven through expert testimony. Atlanta birth injury lawyers consult top-tier experts in their fields to create a compelling case for their clients.

The second aspect of a medical malpractice case is causation, which means that the negligent act or inactions led to an injury to the patient. This is an essential element and expert medical witnesses will be able to prove that the medical professional deviated from the accepted standards of medical care in their field, which in turn resulted in the victim suffering an injury.

To win an action for medical malpractice, the plaintiff will also have to prove that their injuries are legal under Georgia law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are usually awarded to cover costs such as rehabilitation, medical expenses of ongoing treatment, loss of quality of life and lost earnings due to having to take time off from work. Non-economic damages may be awarded for emotional distress or discomfort, and mental anguish that results from the injury.

A competent atlanta birth injury lawsuit birth injury lawyer will examine the medical records in order to determine who is responsible for the injuries your child sustained and how they could have been prevented. Based on the circumstances the other healthcare professionals or even the hospital itself may be liable for the malpractice committed by the doctor.

When a person's child is born with a serious condition, such as cerebral palsy, a serious spinal cord injury, or other physical or mental disability, an experienced Atlanta birth injury lawyer can help them obtain financial assistance to enhance their child's quality of life and help with future medical needs. A lawyer will diligently to examine your situation and bring an effective claim against the responsible parties. They know the science behind these types of injuries, the roles that doctors and hospital staff have in them, and the consequences of a mistake could affect your family's future.

Damages

Medical errors can occur regardless of how well-intentioned the doctors are. If they do, the repercussions could be devastating for families. Their lives could be forever changed by the injuries, and they will require medical attention. The compensation awarded could help pay for these expenses and help them recover for other losses.

A family could start a lawsuit for birth injuries to hold the healthcare professional responsible for his or Atlanta Birth Injury Lawyers her mistake and to recover the financial compensation. The lawyer who handles the case will gather all relevant information, including medical records. Once they have this information they will file the lawsuit with the court with the doctor and hospital as defendants. They will then request an agreement however there is no guarantee they will agree to one.

In addition to economic damages, a family may be awarded non-economic, pain and suffering damages. These damages are intended to compensate a child's family for the emotional distress and trauma they endured. These aren't easy to determine however, a skilled lawyer could seek an equitable settlement for the child's as well as his or her parents the losses.

There are also punitive damages which are designed to punish the at-fault party for his or her egregious behavior and discourage others from engaging in similar behavior. These damages are not common in medical malpractice cases, however they can be awarded when a jury finds that the defendant's behavior was particularly indecent.

If your child has suffered an injury to their birth due to the negligence of a health professional, you should to speak with an experienced Atlanta birth injury lawyer as soon as you can. There is a time limit called the statute of limitations within which you can file a birth injury claim and the attorney who works on these types of claims would be able to advise you on how much time you have left.