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Birth Injury Lawsuits

When your child suffers an injury that is serious in the birth due to medical negligence, the effects can last for a lifetime. Our Atlanta birth injury attorneys help families obtain compensation for atlanta birth Injury lawsuit long-term medical costs and future loss of income.

To build a convincing case, we need to prove that healthcare providers did not keep up with the highest standards of care. We gather evidence using eyewitness accounts, medical experts’ opinions, photos and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest quality of care to their patients. This obligation stems from healthcare laws as well as the rules and regulations established by medical professionals and professional organizations.

A physician who fails to meet the standard of care may be held liable for any injuries caused by their negligence. A successful malpractice claim will require a thorough investigation, and a convincing case based on credible evidence like medical records and eyewitness testimonies. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1) the duty of a doctor to follow the standard of care; 2) the breach of the duty occurred; 3) the breach of the defendant directly caused the injury and 4) the injury caused damages. Establishing each element requires an expert witness. These experts are medical professionals with extensive experience in their field and familiarity with accepted practices. A qualified birth injury attorney will have a network of expert witnesses throughout the country who they can rely on to testify in any case.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to the child. These mistakes could include mistakes in diagnosis, failure to recognize fetal distress, medication errors surgical errors, the inability to perform an emergency C-section if needed.

The damage that the child suffers can be devastating. A caring atlanta birth injury lawsuit – Articlescad.com – birth injury lawyer can assist these families receive the compensation that they deserve for all of their troubles and losses. These losses can include medical expenses, loss of income, the cost of life-long medical treatment and care in the form of pain and suffering and mental stress.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial support they need to pay the future medical bills. This includes hiring experts in the field of medicine and finance to estimate the current and future losses and create a solid legal strategy for seeking maximum compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from a relationship, such as an expectation that you pay taxes or a promise not to take something from someone else. If a medical professional is obligated to you a duty, they have to exercise reasonable care in your best interests. In a lawsuit involving medical malpractice the failure to adhere to this standard is referred to as negligence. This is what leads to birth injuries, which include cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice the plaintiff (in this case the mother of the child) must prove that the healthcare professional was obligated to provide a high level of care and that they acted in breach of this duty by acting negligently. The breach must also be correlated to the injuries that the plaintiff suffered and prove 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 one example. This is the most common kind of medical malpractice that is claimed in a birth injury lawsuit.

Another kind of breach occurs when a healthcare professional acts recklessly or displays poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In a lot of cases, negligence is preventable if medical professionals are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can help a family financially recover from a severe birth injury. Compensation can pay for medical expenses as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they are entitled to. The damages you can get depend on the severity of your child’s injuries as well as the impact they will affect their lives in the future. Our lawyers will carefully review your case, collect the relevant evidence, and determine the amount of damages you are owed. We will then collaborate with you to negotiate a fair settlement. If a settlement cannot be agreed upon, we will prepare to go to trial. If you believe that your child’s medical provider committed negligence, please contact us now to begin your birth injury claim.

Causation

A birth injury lawsuit against a healthcare professional requires the proof of several legal elements. One of the most important elements is that the medical professional breached their duty to patients by not adhering to an acceptable standard of care within their area of expertise. This element of a medical malpractice claim is established by evidence from experts, and Atlanta birth injury lawyers will seek out top experts in their fields to build a strong case for their clients.

The next element of a medical malpractice case is causation. This means that the negligent actions or inactions resulted in injury to the patient. This is another crucial element and expert medical witnesses can provide evidence that the medical professional deviated from the accepted norms in their field that resulted in the victim being injured.

In order for a claim based on medical malpractice to be successful the plaintiff must demonstrate that their injuries were legally compensable under Georgia’s law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are usually granted to cover costs such as rehabilitation costs, medical expenses and ongoing treatment and loss of quality of life, and lost earnings due to having to take time off work. Non-economic damages can be awarded to compensate for emotional suffering, pain and distress and mental stress due to the injury.

A experienced Atlanta birth injury lawyer will examine the medical documents to determine who was accountable for your child’s injuries and will investigate how these errors could have been prevented. 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 severe spinal injuries. They can also get financial assistance to improve the quality of life for their child and to provide for future medical expenses. A lawyer will diligently to analyze your situation and bring an effective claim against the parties responsible. They know the science behind these kinds of injuries, the roles doctors and hospital personnel are involved in, and the consequences of a mistake can impact your family’s future.

Damages

Medical errors can occur, no matter how well-intentioned the doctors are. If they do, the results could be devastating for families. The injuries may alter their lives for the rest of their lives leaving them with a constant need for medical care and other costs that will never cease. The damages awarded can help pay for these expenses and help them recover for other losses.

A family can file a birth injury lawsuit to ensure that the healthcare professional is held accountable for the error and seek the 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 including the hospital and doctor as defendants. After this, they will request an amount for a settlement, but there is no guarantee they will accept one.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These are meant to pay for the emotional trauma and suffering that the child and his or family members endured. These settlements can be challenging to calculate, but a knowledgeable lawyer could try to get an equitable settlement to compensate the child and his or parents for the losses they suffered.

Punitive damages are intended to punish the person responsible for their reckless behaviour and deter others from engaging in similar behaviour. These damages are rare in medical malpractice cases, but they can be awarded when the jury determines that the defendant’s actions were particularly indecent.

If your child sustained an injury to their birth due to the negligence of a medical professional, you may want to consult a specialized Atlanta birth injury lawyer immediately. The statute of limitations is the time limit to file your claim for birth injury. Your lawyer will be able tell you how much time you still have.