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Birth Injury Lawsuits

When your child suffers a serious injury during birth due to medical negligence, the consequences can last for a lifetime. Our Atlanta birth injury lawyers can help families obtain compensation to cover their medical bills for the long-term and lost future earnings.

To make a convincing argument, we must show that healthcare professionals failed to uphold the highest standards of medical care. We gather evidence using eyewitness testimonies, expert medical opinions, photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the best standard of care for their patients. This obligation is derived from the healthcare laws and rules and regulations set by medical professionals' professional institutions.

A doctor can be held responsible for the harm caused by negligence if they fail meet the standard. A successful malpractice case will require a thorough investigation, and a convincing case that is based on reliable evidence such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and understands how to quickly gather information and efficiently, even though the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the doctor's duty to comply with the standard of care; 2) the breach of the duty occurred; 3) the breach by the defendant directly caused the injury and 4) the injury caused damages. Each of these elements must be proven by an expert witness. They are medical professionals who have extensive experience and know-how in their field. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can call to be a witness.

Although the majority of birth injuries are the result of medical negligence, it is not uncommon for well-intentioned doctors to make mistakes and hurt the child. These errors can include the wrong diagnosis, inability to detect the signs of distress in the fetus, medication errors surgical errors, the failure to perform an emergency C-section when necessary.

The damage that the child suffers can be devastating. A compassionate atlanta birth injury lawsuit birth injury attorney can assist families to receive the compensation they are entitled to for their losses and hardships. These losses can include medical expenses, lost income, lifelong treatment, mental anguish and suffering and pain.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their families get the financial assistance they require to pay for their future medical expenses. This includes bringing in medical and financial experts to assess their future and current losses and create a solid legal strategy to obtain the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from a relationship, such as an expectation that you pay taxes or a promise not to rob. A medical professional who has an obligation to you must act in your best interest. In a lawsuit involving medical malpractice the failure to adhere to this standard is termed negligence. This is what causes birth injury atlanta injuries, including cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must show that the healthcare provider was obligated to them with a high standard of care and that the healthcare professional breached this duty by acting negligently. The breach must be connected to the injury sustained, which means that the healthcare professional’s actions or inactions have to be different from what other doctors would have done in similar circumstances.

One example of this is a doctor who fails to call for an emergency C-section even though the mother and baby are suffering from distress in the fetus. This is the most typical type of medical malpractice that is being alleged in birth injury cases.

Another form of breach occurs when healthcare professionals are reckless or displays poor judgment. Examples include giving the wrong medication or ignoring the procedure. In a lot of cases, medical professionals can prevent negligence by being aware of the potential risks for pregnant women.

A successful medical malpractice case can aid a family financially to recover from a serious birth injury. Compensation can cover medical costs, ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury attorneys are available to assist victims receive the compensation they deserve. The amount you could be entitled to will depend on the severity and the impact of your child's injuries. Our lawyers will analyze your case with care, collect the evidence required and determine the amount you are owed in damages. We will then assist you in negotiating an acceptable settlement. If a settlement cannot be agreed upon, we will prepare to go to trial. Contact us now if you suspect your child's physician did not follow through.

Causation

To bring a lawsuit against a healthcare professional for birth injuries, you must prove several legal elements. One of the most important elements is that the medical professional breached their duty to patients by not adhering to the appropriate standard of care within their field of expertise. Expert evidence is used to prove this aspect of an action for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to construct a convincing case for their clients.

The second element of a medical malpractice case is causation, meaning that the negligent act or inactions led to an injury to the patient. Again, this is a crucial element and expert medical witnesses will prove that the medical professional deviated from the accepted standards of care in their field, which in turn caused the victim to suffer an injury.

For a medical malpractice claim to be successful, the plaintiff must also demonstrate that their injuries were legal under Georgia's law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are usually granted to cover costs such as rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life and lost earnings due to having to take time off work. Non-economic damages can be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.

A skilled Atlanta birth injury lawyer will examine the medical records in order to determine who is accountable for your child’s injuries and what could have been done to prevent them from being avoided. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the negligence.

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

Damages

Regardless of how well-intentioned doctors are, medical errors occur. The consequences of mistakes made by medical professionals can be devastating for atlanta birth injury Attorneys families. Their lives could be forever altered due to the injuries, and they will continue to require medical attention. The damages that are awarded will help them pay for those expenses and compensate for their other losses.

A family may start a lawsuit for birth injuries to ensure that the healthcare professional is held accountable for their error and to seek financial compensation. The lawyer who handles the case will gather all relevant information, including medical records. Once they have all the information they will file the lawsuit with the court, naming the doctor and hospital as defendants. After that, they'll request an amount for a settlement, but there is no guarantee that they will agree to one.

A family could be awarded damages for pain and suffering, or non-economic damages in addition economic damages. These are meant to pay for the emotional trauma and distress that the child and family members endured. These settlements can be challenging to calculate, but a knowledgeable lawyer can try to negotiate a fair settlement to compensate the child as well as his or her parents for their losses.

There are also punitive damages, which are designed to punish the person at fault for their indefensible conduct and deter others from engaging in similar actions. They are not common in medical malpractice cases, but could be awarded if the jury believes that the defendant's actions were egregious or reckless.

If you believe your child has suffered an injury related to birth due to the inattention or negligence of a healthcare professional it is essential to speak with an Atlanta birth injury lawyer as quickly as you can. There is a time limit called the statute of limitations within which you can submit a birth injury claim and the lawyer who handles these kinds of claims would be able to advise you on the timeframe you have left.