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Birth Injury Lawsuits

When your child suffers an injury that is serious during birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury attorneys can help families seek compensation for their long-term medical bills and future loss of income.

To make a strong case we must demonstrate that healthcare providers failed to ensure a high standard of care. We gather evidence from eyewitness testimony and expert medical opinions and photographs and videos.

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the standard of treatment. This obligation stems from healthcare laws and the rules and regulations imposed by medical professionals professional associations.

A doctor can be held accountable for any injuries resulting from negligence if they fail meet the standards. A successful malpractice case will require a thorough investigation, as well as a strong case that is based on reliable evidence such medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to gather information quickly and efficiently, even though the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1)) the duty of a doctor to adhere to the standards of care; 2) a breach of that duty occurred; 3) the defendant's breach directly caused the injury; and four) the injury caused damages. Each element must be established by an expert witness. They are medical professionals with years of experience in their field and knowledge of accepted practices. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to testify.

Although the majority of birth injuries are the result of medical negligence, it is not uncommon for well-intentioned doctors to make mistakes and harm children. These errors can result in mistakes in diagnosis or failure to recognize fetal stress, medication errors, surgery errors, or failure to perform a C-section urgently.

The harm suffered by the child could be substantial. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they are entitled to for their hardships and losses. These losses could include medical costs as well as loss of income, the cost of life-long medical and treatment, pain and suffering, and mental anguish.

The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice and their families receive the financial assistance they require to cover their future medical needs. This includes hiring financial and medical experts to calculate future and current losses and develop a legal strategy to seek maximum compensation.

Breach of Duty

A duty is an obligation imposed by law that results from the relationship between two parties, for example, an expectation that you will pay taxes or a promise not to steal. If a medical professional is obligated to you an obligation, they must exercise reasonable care in your best interests. In a lawsuit involving medical malpractice, failing to meet this standard is called negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, a plaintiff (in this case the mother of the child) must show 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 also be connected to the injuries that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction deviated from what other medical professionals would have done under similar circumstances.

A doctor who refuses to request an emergency C section when both mother and child are in distress is an example. This is the most typical form of medical malpractice that's being alleged in birth injuries.

A healthcare professional may also be in breach if they act recklessly or show poor Atlanta birth Injury lawsuit judgment. Examples of this include putting in the wrong medication or mishandling 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 in recovering financially from a severe birth trauma. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims receive the compensation they deserve. The amount of damages you may be entitled to will depend on the extent and impact of your child's injuries. Our lawyers will carefully review your case, gather necessary evidence, and determine what compensation you are owed. We will then negotiate an equitable settlement with you. If no settlement is reached, we will prepare to go to trial. If you believe that your child's medical provider committed negligence, please contact us now to get started on your birth injury claim.

Causation

A birth injury lawsuit against a healthcare provider needs proving several legal elements. One of the most important elements is that a medical professional did not to meet a reasonable standard within their field of expertise. This aspect of a medical malpractice case is established by expert testimony. Atlanta birth injury lawyers employ top experts in their fields to create a compelling case for their clients.

The next step is to establish the cause in a medical malpractice case. This means that the negligent actions or inactions, directly led to the victim suffering an injury. This is another crucial element, and expert medical witnesses can prove that the medical professional deviated from the accepted norms in their field that led to the victim being injured.

In order for a claim based on medical malpractice to succeed, the plaintiff must also prove that their injuries were compensable under Georgia's law. Compensation for medical malpractice damages can include both economic and non-economic damages. Economic damages are usually awarded to cover expenses like rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life, and lost wages due to taking time off work. Non-economic damages are awarded to cover emotional suffering, distress and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will review the medical records to determine who was responsible for the injuries your child sustained and look into how these mistakes could have been avoided. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself may be held accountable for the malpractice committed by the doctor.

When a person's child is born with a serious condition, such as cerebral palsy, serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury attorney can assist them in obtaining financial aid to enhance their child's quality of life and provide for future medical requirements. A lawyer will diligently to analyze your situation and bring a compelling claim against the accountable parties. They are aware of the research behind these injuries, the role doctors and hospital staff plays in these accidents, and how errors can impact the future of your family.

Damages

Medical errors can occur regardless of how well-intentioned the medical professionals may be. The consequences of mistakes made by medical professionals can be devastating for families. The injuries can alter their lives for the rest of their lives, leaving them with an ongoing need for medical care and atlanta birth injury lawsuit other expenses that will never go away. The compensation awarded could assist in paying for these costs and help them recover for other losses.

A family could start a lawsuit for birth injuries to make the healthcare professional accountable for his or her mistake and seek the financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have all the information they will file the lawsuit with the court including the doctor and hospital as defendants. Following this, they will seek an amount of settlement, although there is no guarantee that they will agree to a settlement.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These are intended to cover the emotional trauma and stress that the child and her family endured. Settlements aren't easy to calculate, but a knowledgeable lawyer could try to get an appropriate settlement that compensates the child and his or parents for the losses they suffered.

There are also punitive damages, that are intended to punish the party at fault for his or her egregious conduct and deter others from engaging in similar conduct. They are rare in medical malpractice cases but can be awarded if a jury believes that the defendant's actions were particularly reckless or inexplicably reckless.

If you believe that your child has suffered an injury related to birth due to the carelessness or negligence of medical professionals It is crucial to contact an atlanta birth Injury lawsuit birth injury lawyer as soon as you can. There is a time limit known as the statute of limitations within which you can file a birth injury claim, and the lawyer who handles these kinds of claims is competent to tell you how long you have left.