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Birth Injury Lawsuits

If your child suffers a serious injury during birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury attorneys can help families seek compensation for their long-term medical costs and lost future income.

To make a convincing case, we must prove that healthcare professionals failed to uphold a high standard of care. We gather evidence by using eyewitness testimony, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the best standard of care for their patients. This obligation stems from healthcare laws as well as the rules and regulations established by medical professionals' professional institutions.

A physician who fails adhere to the standards of care may be held accountable for injuries caused due to their negligence. A successful malpractice claim will require a thorough investigation, as well as a solid case that is based on reliable evidence such as medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather the necessary information quickly while the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the doctor's duty to adhere to the standard of care; 2)) the breach of that duty occurred; 3) the breach by the defendant directly caused the injury; and 4) the injury resulted in damages. Each element must be determined by an expert witness. They are medical professionals with extensive experience and know-how in their area of expertise. A competent birth injury lawyer has experts across the nation who they can rely on to testify in each case.

It is not unusual for doctors with good intentions to make mistakes that can harm children. These errors can result in mistakes in diagnosis or failure to recognize the signs of stress in the fetus or medication errors, surgical errors, or failure to perform a C-section urgently.

The harm suffered by the child can be severe. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation that they deserve for all of their losses and hardships. These losses could include medical costs, loss of income and the cost of long-term medical treatment and care in the form of pain and suffering and mental stress.

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 expenses. This involves hiring medical and financial experts to calculate future and current losses and develop a legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from a relationship, such as an expectation that you pay your taxes or a duty not to rob. If a medical professional is obligated to you an obligation, they must exercise reasonable care in your best interests. In the case of medical malpractice failing to meet this standard could be deemed negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this instance the mother of the child) must demonstrate that the healthcare professional had a duty of care and that the healthcare professional breached the duty of care by committing a negligent act. The breach must be linked to the injury sustained and the healthcare professional’s actions or inactions have to differ from what other doctors would have done in similar circumstances.

A doctor who refuses to to order an emergency C-section when both mother and child are in fetal distress is one example. This is the most frequent type of medical malpractice being alleged in birth injury cases.

Healthcare professionals can also commit a breach when they make rash decisions or exhibit poor judgment. Examples of this include administering the wrong medication or mishandling the procedure. In many instances, negligence is preventable when medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice claim can aid a family financially to recover from a serious birth injury. Compensation could cover medical expenses, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of damages you may be entitled to is contingent upon the severity and impact of the injury to your child. Our attorneys will carefully examine your case, gather the necessary evidence, and determine what damages you are owed. We will then assist you in negotiating an equitable settlement. If a settlement cannot be reached we will prepare for trial. If you believe the medical professional treating your child committed negligence, contact us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must demonstrate a variety of legal aspects. One of the most important elements is that the medical professional violated their obligation to patients by failing to adhere to a reasonable standard of care within their field of expertise. Expert evidence is used to prove the basis of an action for medical malpractice. Atlanta birth injury atlanta injury attorneys will seek out the top experts in their field to create an argument that is convincing for their clients.

The next element of a claim for medical malpractice is causation, which means that the negligent act or failures to act directly resulted in injury to the patient. This is another crucial element and medical experts can prove that the medical professional deviated from the accepted standards of their field and resulted in the victim being injured.

In order for a medical malpractice claim to be successful the plaintiff must demonstrate that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice could include both economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life and lost wages due to time off work. Non-economic damages can be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A competent Atlanta birth injury lawsuit, articlescad.Com, birth injuries lawyer will scrutinize the medical records to determine who is accountable for your child’s injuries and the ways they could have been prevented. Depending on your circumstances the other healthcare professionals or even the hospital itself may be held accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can assist parents whose children are born with a serious disability like cerebral palsy, or severe spinal injuries. They can also obtain financial aid to improve the quality of life for their child and pay for future medical expenses. A lawyer will investigate your case and file an effective claim against the accountable parties. They understand the research behind these injuries, the role doctors and hospital staff plays in these accidents, and how errors could affect the future of your family.

Damages

Medical mistakes can happen, no matter how well-intentioned the doctors are. The consequences of medical mistakes can be devastating for families. The injuries could alter their lives forever, leaving them with a constant need for medical care and other costs that will never cease. The damages awarded can assist in paying for these costs and compensate them for their other losses.

A family could file a birth injury lawsuit to make the healthcare professional accountable for his or her mistake and seek financial compensation. The lawyer handling the case will first collect all relevant information including medical records. Once they have all this information they will file the lawsuit with the court with the hospital and the doctor as defendants. They can then ask for a settlement, but 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 designed to compensate the family of a child for the emotional pain and trauma they suffered. These settlements can be difficult to calculate, however a savvy lawyer can negotiate an equitable settlement to compensate the child and/or parents for their losses.

Punitive damages are intended to penalize the party at fault for their egregious behavior and deter others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they are awarded when juries find that the defendant's conduct was particularly indecent.

If you suspect that your child has suffered a birth-related injury due to the negligence or carelessness of the healthcare professional, it is important to get in touch with an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the date for filing your birth injury claim. Your lawyer will be able to tell you the amount of time you still have.