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Birth Injury Lawsuits

If your child suffers a serious injury at birth due to medical negligence, the effects can last for a lifetime. Our Atlanta birth injury attorneys can help families seek compensation for their long-term medical costs and lost future income.

To build a strong argument, we must show that healthcare professionals did not adhere to the highest standards of medical care. We gather evidence using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are obliged to provide patients with the highest standard of care. This obligation is derived from the laws governing the healthcare industry and rules and regulations set by medical professionals professional institutions.

A physician who fails to meet the standards of care can be held liable for any injuries caused due to their negligence. However the successful claim for malpractice requires a thorough investigation and an argument that is based on credible evidence, including medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to quickly collect information while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements that include: 1)) that the doctor owed obligation to observe the standard of care, 2) that there was a breach, 3) the breach of the defendant directly caused the injuries, and four) damages were triggered by the injuries. In order to establish each element, they must have an expert witness. They are medical professionals with years of experience in their field and knowledge of accepted methods. A competent birth injury lawyer will have a nationwide network of expert witnesses they can call upon to provide evidence.

It is not uncommon for doctors with good intentions to make errors that can harm a child. These mistakes could include the wrong diagnosis or inability to recognize fetal stress or medication errors, surgical errors, or failing to perform a C-section urgently.

The harm suffered by the child can be significant. A compassionate Atlanta birth injury attorney can assist families to receive the compensation they are entitled to for their hardships and losses. These losses can include medical expenses loss of income, permanent treatment, mental anxiety, and suffering and suffering.

Grant Law Office is dedicated to helping victims of medical malpractice, as well as their families, receive the financial support they need to cover their future medical expenses. This involves hiring medical and financial experts to analyze the current and future losses and to develop a legal plan to obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from the relationship between two parties, for example, an expectation that you will pay taxes or not to take something from someone else. When a medical professional owes you a duty, they must take reasonable care to protect your best interests. In a medical malpractice case, failure 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 mother of the child) must demonstrate that the healthcare provider had a duty of care and that the healthcare professional violated this duty by acting negligently. The breach must also be connected to the injuries that the plaintiff suffered, which requires establishing that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.

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

Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. This could include administering improper medication or mishandling surgical procedures. In a lot of cases, medical professionals can prevent from committing a mistake by being aware the risks that could be posed to a patient during pregnancy.

A successful medical malpractice case can help a family financially recover from a serious birth injury. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they need. The damages you could receive will depend on the severity of your child's injuries and the impact they'll affect their lives going forward. Our attorneys will examine your case carefully, gather the evidence required, and determine how much you are entitled to in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement cannot be reached we will prepare for trial. If you believe that your child's medical provider committed negligence, contact us today to start your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider requires proving several legal elements. One of the most important elements is that the medical professional violated their obligation to patients by not adhering to a reasonable standard of care within their field of expertise. This element of a medical malpractice case is proven through evidence from experts, and Atlanta birth injury lawyers will consult top-tier experts in their field to create a compelling case for their clients.

The second aspect of a claim for medical malpractice is causation, meaning that the negligence or inactions resulted in injury to the patient. Again, this is an essential element and expert medical witnesses will provide evidence that the medical professional was deviating from the accepted standards of medical care in their field, which in turn resulted in the victim suffering an injury.

In order to prevail in an action for medical malpractice the plaintiff will need to prove that their injuries are legal under Georgia law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are typically awarded to cover costs like medical expenses, rehabilitation of ongoing treatment, loss of quality of life, and lost earnings due to having to take off from work. Non-economic damages can be awarded to compensate for emotional suffering, pain and distress, and mental anguish related to the injury.

A skilled Atlanta birth injury lawyer will review the medical records to determine who was responsible for the injuries your child sustained and investigate how these errors could have been avoided. Depending on your circumstances, other healthcare professionals or even the hospital itself may be liable for the medical malpractice.

A dedicated atlanta birth Injury lawsuit birth injury lawyer can aid parents whose children are born with a serious disability like cerebral palsy, or a serious spinal injury. They can also obtain financial assistance to improve the quality of life their child and to provide for future medical expenses. A lawyer will work diligently to analyze your situation and bring a compelling claim against the accountable parties. They understand the science behind these types of injuries, the roles that doctors and hospital personnel play in them and how the consequences of a mistake could affect your family's future.

Damages

No matter how well-intentioned doctors are, medical errors happen. If they do, the results can be devastating for families. Their lives can be forever altered due to the injuries, and they will require medical attention. The damages that are awarded will help them pay for those expenses and pay for other losses.

A family can file a lawsuit for birth injury to hold a healthcare professional accountable for their negligence and to receive financial compensation. The lawyer who handles the case will gather all pertinent information including medical records. Once they have all the information they will file the lawsuit with the court including the hospital and the doctor as defendants. After that, they'll request an amount of settlement, although there is no guarantee that they will accept one.

A family may be awarded damages for pain and suffering, or non-economic damages in addition to economic damages. These are meant to compensate for the emotional trauma and distress that the child and family suffered. They can be a challenge to estimate however, a skilled lawyer can try to negotiate an equitable settlement for the child's or her parents' losses.

Punitive damages are meant to punish the person who was at fault for their insidious behavior and discourage others from engaging in similar behavior. They are rare in medical malpractice cases, but may be awarded if a jury is convinced that the defendant's actions were reckless or inexplicably reckless.

If your child has suffered a birth injury because of the negligence of a health professional, you may want to consult a specialized Atlanta birth injury attorney as soon as you can. The statute of limitations is the date by which you must file your claim for birth injury. Your lawyer will be able tell you how long you have left.