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Birth Injury Lawsuits

When your child is injured during birth injury atlanta because of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical costs and loss of future income.

To make a convincing argument, we must show that healthcare professionals did not maintain the highest standards of medical care. We gather evidence from eyewitness testimony, expert medical opinions, and photographs and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are required to provide patients with the highest standard of treatment. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations formulated by medical professionals' professional associations.

A physician who fails meet the standard of care can be held liable for any injuries caused through their negligence. A successful malpractice case will require a thorough investigation and a convincing case based on credible evidence such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and understands how to gather information quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements one of which is) that the doctor had obligation to observe the standard of care, 2)) that the breach occurred,) the defendant breach directly caused the injuries and four) damages were triggered by the injuries. Each element must be determined by an expert witness. They are medical professionals with vast experience and expertise in their field. A competent birth injury lawyer will have experts across the nation who they can use to testify in any case.

It is not uncommon for doctors with good intentions to make errors that harm a child. 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 an urgent C-section.

The damage that the child suffers can be severe. A compassionate Atlanta birth injury lawyer can help these families get the compensation they are entitled to for all their difficulties and losses. These losses can include medical expenses as well as lost income, lifelong treatment, mental anguish and suffering and pain.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, obtain the financial support they need to cover their future medical expenses. This involves hiring medical and financial experts to assess current and future losses, and then putting together a legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from the relationship. For example, a duty to pay taxes or not to steal. If a medical professional is obligated to you a duty, they have to take reasonable care to protect your best interests. In a medical malpractice lawsuit the failure to adhere to this standard is called negligence. This is what leads to birth injuries, including cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must demonstrate that the healthcare provider was obligated to them with a high standard of care, and that the healthcare professional violated the duty of care by committing a negligent act. The breach must be connected to the harm suffered by the healthcare professional’s actions or inactions must have been different from what other doctors would have done in similar circumstances.

One example of this is the failure of a doctor to request an emergency C-section if the mother and baby are experiencing distress in the fetus. This is the most typical type of medical malpractice alleged in a birth injury case.

Another form of breach occurs when medical professionals act recklessly or exhibits poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In many instances, medical professionals can prevent from committing a mistake by being aware the potential risks for a patient during pregnancy.

A successful medical malpractice case can help a family recover financially from a devastating birth trauma. Compensation could cover the cost of medical treatment, ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they deserve. The amount of compensation you could be entitled to depends on the severity and impact of your child's injury. Our lawyers will analyze your case with care, collect the required evidence and determine the amount you are due in damages. We will then negotiate an equitable settlement with you. If no settlement is reached, we will then prepare for trial. If you believe that your child's medical provider committed negligence, contact us today to start your birth injury claim.

Causation

Bringing a birth injury lawsuit against a healthcare provider requires proving several legal elements. One of the most crucial elements is that the medical professional violated their duty to patients by failing to adhere to an acceptable standard of care within their area of expertise. Expert evidence is used to prove this element of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to create a convincing case for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent actions or inactions, directly led to the victim suffering an injury. This is a crucial aspect and expert medical witnesses can prove that the medical professional departed from the accepted standards of their field and resulted in the victim being injured.

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 awarded to cover medical expenses, ongoing treatment, loss of quality of life, as well as lost earnings due to time off from work. Non-economic damages can be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.

A experienced Atlanta birth injuries lawyer will scrutinize the medical records to determine who is responsible for your child’s injuries and the ways they could have been avoided. Depending on your circumstances the other healthcare professionals or even the hospital itself may be held accountable for the medical malpractice.

If a child of a parent is born with a severe condition such as cerebral palsy, serious spinal cord injury, or other mental or physical disabilities, a dedicated Atlanta birth injury lawyer can assist them in obtaining financial support to improve their child's quality of life and provide for future medical requirements. A lawyer will work diligently to analyze your situation and file a compelling claim against the responsible parties. They are aware of the scientific basis for these injuries, the role doctors and hospital staff play in these accidents, and how errors can affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical mistakes happen. The consequences of mistakes made by medical professionals can be devastating for families. The injuries could change their lives forever leaving them with an ongoing need for medical treatment and other costs that will never cease. The damages that are awarded will allow them to pay for those expenses and compensate for Atlanta Birth Injury Attorneys their other losses.

A family could start a lawsuit for birth injuries to hold the healthcare professional responsible for his or her mistake and to seek financial compensation. The lawyer who handles the case will collect all pertinent information including medical records. Once they have collected all the relevant information they will present a lawsuit in court with the doctor and the hospital as defendants. Following this, they will seek a settlement amount, though there is no guarantee they will accept one.

A family could be awarded damages for pain and suffering, or non-economic damages, in addition to economic damages. These damages are meant to compensate the family of a child for the emotional distress and trauma they experienced. They can be difficult to calculate however, a skilled attorney could try to obtain an appropriate settlement for the child's or her parents loss.

Punitive damages are intended to punish the person at fault for their egregious behavior and discourage others from engaging in similar behaviour. They are not common in medical malpractice cases but may be awarded if a jury believes that the defendant's actions were reckless or egregious.

If your child suffered an injury during birth due to the negligence of a medical professional, you might want to contact a dedicated Atlanta birth injury lawyer as soon as you can. There is a strict deadline known as the statute of limitations, within which you can make a claim for birth injuries and Atlanta Birth Injury Attorneys the attorney who works on these types of claims would be able to advise you on how long you have left.