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Birth Injury Lawsuits

If your child suffers an injury during birth because of medical negligence It can have lasting consequences. Our atlanta birth injury lawsuit birth injury lawyers help families recover compensation for their long-term medical expenses and loss of future income.

To make a convincing case, we need to demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony as well as expert medical opinions and photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest standard of care for their patients. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations established by medical professional associations.

A doctor can be held accountable for injuries caused by negligence if they fail to meet the standards. However the successful claim for malpractice requires a thorough investigation as well as a strong case built on evidence that is credible, such as medical records and witness testimony. An atlanta birth injury lawsuit birth injury lawyer is skilled in investigating these cases, and they know how to gather the required information quickly while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements that include: 1)) that the doctor owed obligation to observe the standard of care, 2)) that a breach occurred, 3) the breach by the defendant directly caused the injuries, and four) damages were caused by the injuries. Each element must be established by an expert witness. These experts are medical professionals who have extensive experience in their field as well as knowledge of accepted procedures. A competent birth injury lawyer has an extensive network of expert witnesses throughout the country who they can use to testify in each case.

It is not uncommon for doctors with good intentions to make errors that can harm the child. These mistakes could include the wrong diagnosis, inability to detect fetal distress, medication errors, surgical errors, or the inability to perform an emergency C section when required.

The harm suffered by the child could be substantial. A compassionate Atlanta birth injury attorney can assist families to receive the compensation they deserve for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish and suffering and pain.

The attorneys 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 pay for their future medical expenses. This includes enlisting medical and financial experts to calculate their current and future losses and create a solid legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of an existing relationship. For example, a duty to pay taxes or not to steal. A medical professional who has a duty to you must act in your best interests. In a medical malpractice lawsuit, failing to meet this standard is termed negligence. This is the reason for birth injuries, which include cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the mother of the child) must prove that the healthcare provider had a duty of care, and that the healthcare professional violated the duty of care by committing a negligent act. The breach must also be correlated to the injuries that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction deviated from what other medical experts would have done in similar circumstances.

A doctor who does not order an emergency C section when both mother and child are in distress is an instance. This is the most typical kind of medical malpractice that is alleged in a birth injury lawsuit.

Another type of breach is when healthcare professionals are reckless or exhibits poor judgment. This can include administering incorrect medication or mishandling surgical procedures. In a lot of cases, 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 aid a family in recovering financially from a severe birth trauma. Compensation could cover medical costs, ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury attorneys are prepared to assist victims receive the compensation they deserve. The damages you can get depend on the severity of your child's injuries as well as the impact they will have on their lives for the next few years. Our lawyers will carefully review your case, collect the necessary evidence, and determine what damages you are entitled to. We will then work with you to negotiate an equitable settlement. If a settlement cannot be agreed upon, we will prepare for trial. If you believe that the medical professional treating your child committed negligence, please contact us now to begin your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most important elements is that the medical professional breached their obligation to patients by failing to adhere to an acceptable standard of care within their area of expertise. Expert testimony is used to establish this element of medical malpractice claims. Atlanta birth injury attorneys will seek out the top experts in their field to construct a strong argument for their clients.

The second element of a medical malpractice case is causation, which means that the negligence or failures to act directly resulted in injury to the patient. It is an essential element and expert medical witnesses will provide evidence that the medical professional acted in a manner that was different from the accepted standards of medical care in their field, which caused the victim to suffer an injury.

To win an action for medical malpractice the plaintiff will have to prove that their injuries are compensated under Georgia law. The compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are typically awarded to cover costs like rehabilitation, medical expenses, ongoing treatment, loss of quality of life, and lost earnings due to having to take off from work. Non-economic damages are awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.

A competent atlanta birth injury lawsuit birth injury lawyer will scrutinize the medical records to determine who is responsible for the injuries your child sustained and how they could have been avoided. Depending on the circumstances the hospital or other healthcare professionals could be accountable for the error.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a severe disability like cerebral palsy, or a serious spinal injury. They can also get financial aid to improve the quality of life for their child and to provide for future medical expenses. An attorney will look into your case and present a strong claim against the parties responsible. They understand the scientific basis for these injuries, the roles that doctors and hospital staff play in their care, and how a mistake can affect the future of your family.

Damages

Medical errors can occur, no matter how well-intentioned the doctors may be. If they do, the repercussions could be devastating for families. The injuries could alter their lives for the rest of their lives and leave them with a constant need for medical attention and other expenses that will never end. The damages awarded will allow them to pay for those expenses and help them recover from other losses.

A family can bring a lawsuit based on birth injuries to hold a healthcare professional accountable for their negligence and to receive financial compensation. The attorney handling the case will collect all pertinent information, including medical records. Once they have collected all the relevant information and have it all, they will bring a lawsuit to court with the hospital and the doctor as defendants. Following this, they will seek an amount of settlement, although there is no guarantee they will agree to one.

A family may also be awarded damages for pain and suffering, or non-economic damages in addition economic damages. These damages are intended to compensate the family of a child for the emotional stress and trauma they experienced. They can be difficult to calculate however, a skilled lawyer can try to negotiate an equitable settlement for the child's as well as his or her parents the losses.

Punitive damages are meant to punish the person at fault for their egregious behavior and deter others from engaging in similar behavior. These are uncommon in medical malpractice cases, but may be awarded if a jury is convinced that the defendant's actions were reckless or egregious.

If you believe your child has suffered a birth-related injury due to the negligence or carelessness of medical professionals it is essential to speak with an Atlanta birth injury lawyer as quickly as possible. The statute of limitations is the time limit by which you must file your claim for birth injury. Your lawyer will be able to tell you the amount of time you still have.