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Birth Injury Lawsuits

When your child suffers a serious injury during birth due to medical negligence, the repercussions could last for a lifetime. Our Atlanta birth injury attorneys help families obtain compensation for long-term medical costs and future loss of income.

To establish a convincing case, we must demonstrate that healthcare professionals did not adhere to the highest standards of medical care. We gather evidence through eyewitness testimony, expert medical opinions, and photos and videos.

Duty of Care

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

A physician can be held responsible for the harm caused by negligence if they fail meet the standards. However an effective malpractice claim requires a thorough investigation and an argument that is based on credible evidence, including medical records and witness testimony. A birth injury lawyer in Atlanta is experienced in the investigation of these cases and knows how to quickly gather information and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements that include: 1)) that the doctor had obligation to observe the standard of care, 2) that the breach occurred,) the breach by the defendant directly caused the injuries, and four) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals with extensive experience in their field and knowledge of accepted practices. A skilled birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to provide evidence.

Although most birth injuries result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and hurt children. These mistakes can include the wrong diagnosis or inability to recognize the signs of stress in the fetus and medication errors, surgical errors, or failure to perform a C-section urgently.

Often, the damage suffered by the child can be severe. A compassionate Atlanta birth injury attorney can help these families receive the compensation they deserve for their losses and hardships. These losses could include medical expenses, lost income, lifelong treatment, mental anguish, and pain and suffering.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial assistance they need to pay their medical bills in the future. atlanta birth injury lawyer involves hiring medical and financial experts to calculate current and future losses, and then putting together a legal strategy to obtain the highest amount of compensation.





Breach of Duty

A duty is an obligation imposed by law that results from a relationship, such as the expectation that you pay taxes or a promise not to steal. A medical professional who is bound by an obligation to you must act in your best interest. In a lawsuit involving medical malpractice, failing to meet this standard is termed negligence. This is what causes birth injuries, such as cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this case the child's mother) must prove that the healthcare provider owed them a high duty of care and that the healthcare professional violated this duty by committing negligence. The breach must also be linked to the injuries that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction deviated from what other medical professionals would have done under similar circumstances.

A doctor who fails request an emergency C section when both mother and child are in fetal distress is one example. This is the most frequent kind of medical malpractice that is alleged in a birth injury case.

A healthcare professional may also commit a breach when they are reckless or display poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In many instances, medical professionals can prevent negligence by being aware of the possible risks to a patient during pregnancy.

A successful medical malpractice case can help a family financially recover from a severe birth injury. Compensation can cover the cost of medical treatment as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury attorneys are ready to help victims get the compensation they deserve. The damages you can get depend on the severity of your child's injuries and the impact they will have on their lives going forward. Our lawyers will analyze your case with care, collect the required evidence, and determine how much you are owed in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement cannot be reached, we will prepare to go to trial. Contact us today if think your child's doctor has committed negligence.

Causation

The process of bringing a birth injury lawsuit against a healthcare professional requires the presentation of a number of legal aspects. One of the most important elements is that the medical professional violated their duty to patients by not adhering to an acceptable standard of care in their field of expertise. This element of a medical malpractice case is established by expert testimony. Atlanta birth injury lawyers will employ top experts in their field to create a compelling case for their clients.

The second aspect of a medical malpractice claim is causation, which means that the negligent actions or inactions resulted in injury to the patient. It is a crucial aspect and expert medical witnesses will provide evidence that the medical professional was deviating from the accepted standards of medical practice in their field, which in turn resulted in the victim suffering an injury.

In order for a claim based on medical malpractice to succeed, the plaintiff must also show that their injuries are legally compensable under Georgia's law. The compensation for medical malpractice can include both economic and other damages. Economic damages are typically granted to cover costs like rehabilitation, medical expenses and ongoing treatment loss of quality of life, and lost earnings due to having to take time off from work. Non-economic damages can be awarded to compensate for emotional suffering, distress and mental stress due to the injury.

A competent Atlanta birth injury lawyer will review the medical records to determine who is responsible for the injuries your child sustained and investigate how these errors could have been avoided. Based on the circumstances the hospital or other healthcare professionals may be accountable for the error.

If a child of a parent is born with a serious 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 support to improve their child's quality of life and help with future medical requirements. A lawyer will examine your case and file a strong claim against the accountable parties. They know the research behind these injuries, the roles that doctors and hospital staff play in these accidents, and how errors can impact the future of your family.

Damages

No matter how well-intentioned doctors are, medical errors happen. If they do, the results can be devastating for families. atlanta birth injury lawyers could alter their lives forever leaving them with an ongoing need for medical attention and other expenses that will never end. The damages awarded will allow them to pay for these expenses and compensate for their other losses.

A family could start a lawsuit for birth injuries to hold the healthcare professional responsible for their error and to seek the financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have gathered all the information they will file a lawsuit in court, naming both the hospital and the doctor as defendants. After this, they will ask for an amount for a settlement, but there is no guarantee that they will agree to one.

In addition to economic damages, a family may be awarded non-economic, pain and suffering damages. These damages are meant to compensate a child's family for the emotional stress and trauma they suffered. These can be a challenge to estimate but a savvy attorney could try to obtain a fair settlement for the child's and his or her parents loss.

There are also punitive damages, which are designed to punish the person at fault for their egregious conduct and deter others from engaging in similar behavior. These are uncommon in medical malpractice cases but can be awarded if a jury is convinced that the defendant's actions were reckless or inexplicably reckless.

If you believe your child has suffered an injury related to birth due to the negligence or carelessness of the healthcare professional, it is important to get in touch with an Atlanta birth injury lawyer as quickly as you can. The statute of limitations is the date by which you must file your birth injury claim. Your lawyer can tell you how much time you still have.