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Birth Injury Lawsuits

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

To build a strong argument, we must show that healthcare professionals failed to adhere to the highest standards of medical care. We gather evidence through eyewitness accounts, medical experts’ opinions, photographs and videos.

Duty of Care

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

A physician can be held liable for any injuries resulting from negligence if they fail meet the standard. However an effective malpractice claim requires a thorough investigation as well as an argument that is based on evidence that is credible, such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to gather information 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 comply with the standards of care; two) the breach of that duty occurred; 3) the defendant’s breach directly caused the injury and four) the injury resulted in damages. The determination of each of these elements requires an expert witness. These experts are medical professionals with extensive knowledge of their field and familiarity with accepted methods. A qualified birth injury attorney has an extensive network of expert witnesses across the country that they can use to testify in any case.

It is not unusual for doctors with good intentions to make errors that cause harm to children. These mistakes can include misdiagnosis or failure to detect the presence of fetal stress and medication errors, surgical errors, or failing to perform an urgent C-section.

The damage that the child suffers is often severe. A compassionate Atlanta birth injury attorney can help these families receive the compensation they are entitled to for their hardships and losses. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their families receive the financial support they need to pay for their future medical needs. This includes enlisting financial and medical experts to calculate the current and future losses and develop a sound legal strategy for seeking the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of an existing relationship. For example the obligation to pay taxes or not to steal. If a medical professional is obligated to you a duty, they must exercise reasonable care in your best interests. In the event of a medical malpractice lawsuit failing to meet this standard can be called negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, a plaintiff (in this instance the child’s mother) must demonstrate that the healthcare provider had a duty of care and that the healthcare professional violated this duty by committing negligence. The breach must also be correlated to the injury 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 request an emergency C section when both mother and child are in fetal distress is a prime example. This is the most frequent type of medical malpractice alleged in a case of birth injury.

Another form of breach occurs when healthcare professionals are reckless or displays poor judgment. Examples include giving the wrong medication or not properly handling an operation. In a lot of cases it is possible to avoid negligence by medical professionals who are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are ready to assist victims in obtaining the compensation they are entitled to. The amount of compensation you are entitled to will depend on the extent and impact of the injury to your child. Our attorneys will thoroughly review your case, gather the relevant evidence, and determine what compensation you are owed. We will then collaborate with you to negotiate an equitable settlement. If no settlement is agreed upon, atlanta birth injury Lawsuit we will prepare to go to trial. Contact us today if think your child’s doctor has committed negligence.

Causation

To bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most important elements is that the medical professional violated their duty to patients by not adhering to the appropriate standard of care in their field of expertise. Expert evidence is used to prove this element of a claim for medical malpractice. atlanta birth injury lawsuit birth injury attorneys will consult with the top experts in their field to create a strong argument for their clients.

Causation is the second element in a medical malpractice case. This means that the negligent actions or the failure to act directly caused the victim suffering an injury. This is an essential element and expert medical witnesses will prove that the medical professional acted in a manner that was different from the accepted standards of medical care in their area, which caused the victim to suffer an injury.

In order to prevail in a medical malpractice case the plaintiff will need to prove that their injuries are compensable under Georgia law. The compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life, and loss of earnings due to time off from work. Non-economic damages may be awarded to cover emotional suffering, distress and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will review the medical documents to determine who was accountable for your child’s injuries and examine how these errors could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can assist parents of children born with a severe disability like cerebral palsy or a serious spinal injury. They can also seek financial aid to improve the quality of life of their child and pay for future medical expenses. A lawyer will work diligently to examine your situation and bring an argument that is persuasive against the accountable parties. They understand the science behind these types of injuries, the roles that doctors and hospital personnel are involved in, and the consequences of a mishap can impact your family’s future.

Damages

Medical mistakes can happen regardless of how careful the doctors are. The consequences of medical mistakes can be devastating for families. The injuries can alter their lives forever leaving them with an ongoing need for medical attention and other costs that will never cease. The damages awarded can help pay for these expenses and also compensate them for other losses.

A family may file a lawsuit for birth injury to hold a medical professional accountable for their error and to receive financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. Once they have collected all the information, they will present a lawsuit in court and name both the hospital and the doctor as defendants. After this, they will request an amount for a settlement, but there is no guarantee that they will agree to one.

In addition to the economic damages, a family may be awarded non-economic or pain and suffering damages. These damages are meant to compensate the family of a child for the emotional stress and trauma they endured. They aren’t easy to determine but a savvy lawyer could seek a fair settlement for the child’s and his or parents the losses.

There are also punitive damages which are designed to punish the person at fault for his or her egregious conduct and deter others from engaging in similar conduct. They are not common in medical malpractice cases, however they may be awarded if a jury believes that the defendant’s actions were reckless or egregious.

If your child suffered an injury during birth due to the negligence of a medical professional, you may want to consult a specialized Atlanta birth injury attorney as soon as you can. The statute of limitations is the time limit to file your claim for birth injury. Your lawyer will be able to tell you how long you have.

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