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Birth Injury Lawsuits

If your child suffers an injury during birth because of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury lawyers help families recover compensation for their long-term medical costs and loss of future income.

To make a convincing case, we must prove that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, and photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the highest standard of care for their patients. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations established by medical professionals' professional organizations.

A doctor who fails to meet the standard of care may be held liable for any injuries caused through their negligence. A successful malpractice case will require a thorough investigation and a convincing case that is based on reliable evidence such as medical records and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases, and they know how to gather the required details quickly, while the evidence is fresh.

In a Georgia malpractice case, the plaintiff must prove four elements: 1)) the doctor's duty to comply with the standard of care; two) an infringement of that duty occurred; 3) the breach by the defendant directly caused the injury; and four) the injury resulted in damages. In order to establish each element, they must have an expert witness. These experts are medical professionals with extensive experience and know-how in their area of expertise. A skilled birth injury lawyer will have a nationwide network of expert witnesses that they can call to be a witness.

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

The damage caused by the child could be severe. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical costs and income loss as well as the cost of ongoing medical and treatment, pain and suffering, and mental stress.

The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice as well as their family members get the financial assistance they require to cover their future medical expenses. This includes hiring financial and medical experts to calculate their future and current losses and create a solid legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation that arises from a relationship. For example it is a duty to pay taxes or not steal. If a medical professional is obligated to you a duty, they must exercise reasonable care in your best interests. In a lawsuit involving medical malpractice in which they fail to meet this standard is referred to as negligence. Birth injuries, like cerebral palsy and birth-related disabilities, are caused by this.

To prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare provider was obligated to them with a high standard of care and that the healthcare professional violated this duty by acting negligently. The breach must also be connected to the injury sustained by the plaintiff, which requires establishing that the healthcare professional's actions or inaction differed from what other medical experts 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 in fetal distress. This is the most common type of medical malpractice that is alleged in birth injury cases.





Another form of breach occurs when a healthcare professional acts recklessly or exhibits poor judgment. This could be due to administering incorrect medication or mishandling surgical procedures. In many instances, negligence is preventable when medical professionals are aware of the dangers that could affect a newborn patient.

A successful medical malpractice case can aid a family in recovering financially from a severe birth trauma. Compensation can be used to cover medical expenses as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The damages you could get depend on the severity of your child's injuries and the impact they will have on their life 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 negotiate a fair settlement with you. If no settlement is reached, we will prepare to go to trial. Contact us today if believe your child's doctor was negligent.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you need to establish a number of legal elements. One of the most important elements is that the medical professional breached their obligation to patients by failing to adhere to a reasonable standard of care in their field of expertise. Expert evidence is used to prove the basis of an action for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to build an argument that is convincing for their clients.

Causation is the second element in a medical malpractice case. This means that the negligent act, or failures to act, directly led to the victim suffering an injury. This is a crucial aspect and expert medical witnesses can prove that the medical professional acted in a manner that was different from the accepted standards of medical practice in their area, which resulted in the victim suffering an injury.

In order to win a medical malpractice lawsuit the plaintiff will need to prove that their injuries are compensated under Georgia law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses and ongoing treatment, as well as loss of quality of life, and loss of wages due time off work. Non-economic damages are awarded to compensate for emotional distress, pain and suffering and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will review the medical records to determine who was responsible for your child's injuries, and they will examine how these errors could have been avoided. Depending on the circumstances the hospital or other healthcare professionals may be accountable for the negligence.

When a person's child is born with a severe condition such as cerebral palsy, a serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury attorney can assist them in obtaining financial assistance to enhance their child's quality of life and to cover future medical requirements. An attorney will be diligent to investigate your situation and file an effective claim against the accountable parties. They know the science behind these kinds of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mistake can impact your family's future.

Damages

No matter how well-intentioned doctors are, medical errors happen. If they do, the repercussions could be devastating for families. Their lives could be forever altered due to the injuries, and they will require medical care. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

A family may file a lawsuit for birth injuries to hold a healthcare professional accountable for their mistake and to recover financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have collected all the information and have it all, they will file a lawsuit in court with the hospital and the doctor as defendants. They will then ask for a settlement however there is no guarantee that they will accept one.

In addition to economic damages, a family may be awarded non-economic or pain and suffering damages. atlanta birth injury lawyers are a way to pay for the emotional trauma and distress that a child and his or family members endured. Settlements aren't easy to calculate, however a savvy lawyer can try to negotiate an equitable settlement to compensate the child and his or parents for the losses they suffered.

Punitive damages are intended to punish the person responsible for their reckless behavior and deter others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, however they may be awarded if juries find that the defendant's actions were particularly egregious.

If you believe your child has suffered a birth-related injury due to the inattention or negligence of medical professionals It is crucial to speak with an Atlanta birth injury lawyer as soon as possible. There is a strict deadline called the statute of limitations, within which you must file a birth injury claim, and the lawyer who handles these kinds of claims is competent to tell you how long you have left.