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Birth Injury Lawsuits

If your child suffers an injury during birth because of medical negligence it could have long-lasting consequences. Our Atlanta birth injury attorneys help families recover compensation for their long-term medical expenses and lost future income.

To make a convincing case, we must demonstrate that healthcare providers did not maintain a high level of care. We gather evidence through eyewitness testimony, expert medical opinions, as well as photographs and videos.

Duty of Care

OB-GYN doctors and medical personnel are required to provide patients with the highest standard of care. This obligation is derived from the laws that govern the healthcare industry, as well as the rules and regulations established by medical professional associations.

A physician who fails meet the standard of care could be held liable for any injuries caused through their negligence. However the successful claim for malpractice requires a thorough investigation and 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 the required information quickly while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four things: 1) that the doctor had a duty to follow the standard of care, 2)) that a breach occurred, 3) the defendant breach directly triggered injuries and four) damages were caused by the injuries. The determination of each of these elements requires an expert witness. They are medical professionals who have vast experience and expertise in their area of expertise. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to be a witness.

It is not uncommon for doctors with good intentions to make errors that cause harm to the child. These mistakes could include the wrong diagnosis, inability to detect the signs of distress in the fetus, medication errors, surgical errors, or the failure to perform an emergency C-section if necessary.

The damage caused by the child could be significant. A compassionate atlanta birth injury lawyers birth injury attorney can help these families receive the compensation they are entitled to for their losses and hardships. These losses can include medical expenses as well as lost income, lifelong treatment, mental anxiety, and suffering and suffering.

The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial support they need to cover their future medical needs. This includes enlisting financial and atlanta birth injury lawsuit medical experts to calculate their future and current losses and create a solid legal strategy for seeking maximum compensation.

Breach of Duty

A duty is a legal obligation that arises from a relationship. For example the obligation to pay taxes or not rob. If a medical professional owes you a duty, they have to use reasonable care to safeguard your best interests. In the case of medical malpractice failing to meet this standard could be deemed negligence. Birth injuries, like cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must prove that the healthcare professional had a duty of care and that the healthcare professional violated this duty by acting negligently. The breach must also be correlated to the harm suffered by the plaintiff and prove that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done in similar circumstances.

A doctor who does not order an emergency C section when both mother and child are in fetal distress is one instance. This is the most typical form of medical malpractice that is alleged in birth injuries.

Another form of breach occurs when a healthcare professional acts recklessly or exhibits poor judgment. Examples of this include administering the wrong medication or not properly handling the procedure. In a lot of cases, negligence is preventable when medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice case can aid a family financially to recover from a severe birth injury. Compensation can be used to cover medical expenses and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury attorneys are available to assist victims receive the compensation they need. The amount of compensation you are entitled to will depend on the severity and the impact of your child's injury. Our attorneys will carefully examine your case, gather the required evidence, and then determine the amount of damages you are entitled to. We will then negotiate a fair settlement with you. If a settlement isn't reached we will prepare for trial. If you believe that the medical professional who treated your child was guilty of error, call us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you must prove several legal elements. One of the most important elements is that the medical professional breached their duty to patients by not adhering to an acceptable standard of care in their field of expertise. This aspect of a medical malpractice claim is established through evidence from experts, and atlanta birth injury lawsuit birth injury lawyers will consult top-tier experts in their field to create a compelling case for their clients.

The next element of a medical malpractice case is causation, meaning that the negligent act or failures to act directly led to an injury to the patient. This is an additional crucial element and expert medical witnesses can prove that the medical professional departed from the accepted standards in their field which resulted in the victim being injured.

To win an action for medical malpractice, the plaintiff will also have to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice damages can include both economic and other damages. Economic damages are typically awarded to cover costs like rehabilitation, medical expenses, ongoing treatment loss of quality of life and lost wages due to taking time off work. Non-economic damages are awarded to cover emotional distress, pain and suffering and mental stress due to the injury.

A skilled Atlanta birth injury lawyer will examine the medical records in order to determine who is responsible for the injuries suffered by your child and how they could have been prevented. Depending on your circumstances medical professionals, other healthcare professionals, or even the hospital itself could be liable for the medical malpractice.

If a child is born with a serious condition, such as cerebral palsy or a serious spinal cord injury, or other mental or physical disabilities, an experienced atlanta birth injury lawyers birth injury lawyer can help them get financial aid to improve their child's quality of life and to cover future medical needs. A lawyer will investigate your case and present a strong claim against the accountable parties. They understand the research behind these injuries, the roles that doctors and hospital staff plays in these accidents, and how errors can impact the future of your family.

Damages

Medical errors can occur regardless of how careful the doctors may be. If they do, the repercussions can be devastating for families. Their lives could be forever altered by the injuries and they will continue to require medical attention. The damages awarded can help pay for these expenses and help them recover for other losses.

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

In addition to financial damages, families may be awarded non-economic or pain and suffering damages. These are meant to pay for the emotional trauma and stress that a child and his or her family endured. These settlements can be challenging to calculate, however a savvy lawyer could try to get an appropriate settlement that compensates the child as well as his or her parents for their losses.

There are also punitive damages which are designed to penalize the at-fault party for their egregious behavior and discourage others from engaging in similar behavior. These damages are uncommon in medical malpractice cases, however they can be awarded when juries find that the defendant's conduct was particularly indecent.

If you suspect that your child has suffered injuries related to birth because of the inattention or negligence of medical professionals It is crucial to speak with an Atlanta birth injury lawyer as soon as you can. There is a time limit called the statute of limitations, within which you can make a claim for birth injuries and the lawyer who handles these kinds of claims will be able to advise you on how much time you have left.