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Birth Injury Lawsuits

When your child suffers a serious injury at birth due to medical negligence, the consequences can last a lifetime. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical bills and lost future income.

To make a strong case we must show that healthcare providers failed to keep up with the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

OB-GYN doctors and medical personnel have a duty to offer patients the highest level of medical care. This obligation is derived from the laws governing the healthcare industry as well as the rules and regulations established by medical professionals professional institutions.

A physician who fails to meet the standards of care may be held liable for any injuries caused due to their negligence. A successful malpractice claim will require a thorough investigation, as well as a solid case based on credible evidence such as medical records and eyewitness testimonies. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the required details quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of a doctor to follow the standards of care; two) the breach of that duty occurred; 3) the breach of the defendant directly caused the injury; and four) the injury caused damages. Each element must be established by an expert witness. They are medical professionals who have extensive experience and know-how in their field. A competent birth injury lawyer will have a nationwide network of expert witnesses they can call upon to be a witness.

While most birth injuries result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and harm children. These errors can result in mistakes in diagnosis or failure to recognize fetal stress or medication errors, surgical errors, or failure to perform a C-section in a hurry.

The damage that the child suffers can be devastating. A compassionate Atlanta birth injury attorney can assist families to receive the compensation they are entitled to for their losses and hardships. These losses could include medical expenses and income loss as well as the cost of ongoing treatment and care in the form of pain and suffering and mental anguish.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, get the financial assistance they need to cover their future medical expenses. This involves hiring medical and financial experts to analyze the current and future losses and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises from an agreement, like the expectation that you pay your taxes or a duty not to take something from someone else. A medical professional who is bound by an obligation to you must act in your best interest. In a medical malpractice case in which they fail to meet this standard is referred to as 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 instance the child's mother) must demonstrate that the healthcare provider had a duty of care and that the healthcare professional breached this duty by acting negligently. The breach must also be linked to the injury suffered by the plaintiff and prove that the healthcare professional's actions or inaction differed from what other medical experts would have done in similar circumstances.

A good example of this is the failure of a doctor to order an emergency C-section when the mother and baby are experiencing fetal distress. This is the most frequent form of medical malpractice that is accused in birth injuries.

Another kind of breach occurs when medical professionals act recklessly or displays poor judgment. Examples of this include administering the wrong medication or mishandling an operation. In a lot of cases, negligence is preventable if medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The amount you will receive depend on the severity of your child's injuries as well as the impact they'll affect their lives going forward. Our lawyers will review your case with care, collect the required evidence, and determine how much you are due in damages. We will then assist you in negotiating a fair settlement. If a settlement is not reached then we will prepare for trial. If you believe that the medical professional treating your child committed error, call us today to begin your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injuries, you must demonstrate a variety of legal aspects. One of the most crucial elements is that the medical professional breached their duty to patients by not adhering to a reasonable standard of care in their specialty. Expert testimony is used to establish this aspect of medical malpractice claims. Atlanta birth injury attorneys will seek out the top experts in their field to build an argument that is convincing for their clients.

The next element of a medical malpractice claim is causation. This means that the negligent act or failures to act directly led to an injury to the patient. This is an essential element and expert medical witnesses will be able to prove that the medical professional was deviating from the accepted standards of medical care in their field, which in turn resulted in the victim suffering an injury.

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 can be a combination of economic and non-economic damages. Economic damages are awarded to pay for medical expenses and ongoing treatment, as well as loss in quality of life and lost earnings due to time off from work. Non-economic damages can be awarded to cover emotional suffering, pain and distress, and mental anguish related to the injury.

A competent Atlanta birth injury lawyer will examine the medical records to determine who is responsible for the injuries suffered by your child and how they could have been prevented. Depending on the circumstances, the hospital or other healthcare professionals may be responsible for the malpractice.

When a person's child is born with a serious condition, such as cerebral palsy, a serious spinal cord injury or other physical or mental disability, a dedicated Atlanta birth injury lawyer can assist them in obtaining financial aid to enhance their child's quality of life and provide for future medical needs. An attorney will be diligent to examine your situation and file an effective claim against the accountable parties. They understand the scientific basis for these injuries, the role that hospital staff and doctors play in their care, and how a mistake can impact the future of your family.

Damages

No matter how well-intentioned doctors are, medical errors occur. The consequences of mistakes made by medical professionals can be devastating for families. The injuries can alter their lives forever and leave them with an ongoing need for medical attention and other expenses that will never cease. The compensation they receive will help them pay for those expenses and pay for other losses.

A family may bring a birth injury lawsuit to hold the healthcare professional responsible for their error and to recover the financial compensation. The lawyer handling the case will gather all relevant information including medical records. Once they have all the information, they will file the lawsuit with the court including the hospital and the doctor as defendants. Following this, they will seek a settlement amount, though there is no guarantee that they will agree to one.

A family may 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 suffering that a child and his or family suffered. These settlements can be difficult to calculate but a skilled lawyer can negotiate a fair settlement to compensate the child and/or parents for their losses.

Punitive damages are designed to penalize the party at fault for their egregious behavior and deter others from engaging in similar behaviour. These damages are uncommon in medical malpractice cases, however they may be awarded if a jury finds that the defendant's conduct was particularly egregious.

If your child has suffered an injury to their birth due to the negligence of a medical professional, you might want to contact a dedicated Atlanta birth injury attorney as soon as possible. The statute of limitations is the deadline for filing your birth injury claim. Your lawyer can tell you the amount of time you have.