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Birth Injury Lawsuits

If your child is injured at birth as a result of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers help families obtain compensation to cover their long-term medical needs and loss of future earnings.

To make a convincing case, we must demonstrate that healthcare professionals did not maintain 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 doctors and medical staff are obliged to provide patients with the standard of care. This obligation stems from the laws that govern the healthcare industry and the rules and regulations set by medical professionals’ professional associations.

A physician can be held liable for any injuries resulting from negligence if they fail to 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 witness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and knows how to gather information quickly while the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the doctor’s duty to comply with the standards of care; two) an infringement of the duty occurred; 3) the breach by the defendant directly caused the injury and four) the injury caused damages. In order to establish each element, they must have an expert witness. They are medical professionals with years of experience in their field and expertise in accepted procedures. A qualified birth injury attorney has experts across the nation who they can call on to testify in any case.

Although the majority of birth injuries result of medical negligence, it’s not uncommon for doctors with good intentions to make mistakes that harm a child. These errors can include the wrong diagnosis, inability to detect the presence of fetal distress, medication mistakes or surgical mistakes, or the failure to perform an emergency C-section if necessary.

The harm suffered by the child can be significant. A caring Atlanta birth injury lawyer can help these families receive the compensation they deserve for their losses and hardships. These losses can include medical expenses as well as loss of income, the cost of life-long medical and treatment as well as pain and suffering and mental anguish.

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

Breach of Duty

A duty is an obligation imposed by law that results from an agreement, like an expectation that you pay your taxes or a duty not to steal. When a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In a medical malpractice case, failing to meet this standard is called negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, a plaintiff (in this instance the mother of the child) must show that the healthcare professional owed them a high duty of care, and that the healthcare professional breached this duty by committing negligence. The breach must also be linked to the injuries that the plaintiff suffered, which requires establishing that the healthcare professional’s actions or inaction deviated from what other medical experts would have done in similar circumstances.

One example of this is a doctor who fails to request an emergency C-section if the mother and baby are experiencing fetal distress. This is the most typical kind of medical malpractice alleged in birth injury atlanta injury cases.

Healthcare professionals can also commit a breach when they act recklessly or show poor judgment. Examples of this include putting in the wrong medication or not properly handling a surgical procedure. In many instances the risk of negligence is avoided by medical professionals who are aware of the risks that can affect a birthing 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 many other losses. Our atlanta birth injury lawyers (https://postheaven.net/beaverflesh8/you-are-responsible-for-the-atlanta-birth-injury-lawyer-budget-12-ways-to) are prepared to help victims recover the compensation they are entitled to. The amount you are entitled to depends on the severity and impact of your child’s injuries. Our lawyers will carefully review your case, collect the relevant evidence, and determine the amount of damages you are owed. We will then work with you to negotiate an equitable settlement. If a settlement is not agreed upon, we will prepare for trial. Contact us today if you suspect your child’s physician committed negligence.

Causation

In order to bring a lawsuit against a healthcare professional for birth injuries, you must prove several legal elements. One of the most important elements is that the medical professional failed to meet a reasonable standard in their field of expertise. This aspect of a medical malpractice case is established by expert testimony, 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 failures to act directly led to an injury to the patient. This is an essential element and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards of medical practice in their area, which caused the victim to suffer an injury.

In order to win a medical malpractice lawsuit the plaintiff will be required to prove that the injuries are legal under Georgia law. Compensation for medical malpractice damages can include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses and ongoing treatment, as well as loss of quality of life, as well as lost earnings due to time off from work. Non-economic damages are 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 records to determine who was accountable for your child’s injuries, and they will examine how these errors could have been prevented. Depending on the circumstances the hospital or other healthcare professionals could be accountable for the negligence.

A dedicated Atlanta birth injury lawyer can aid parents who have a child born with a disability that is severe such as cerebral palsy or severe spinal injuries. They can also seek financial assistance to improve the quality of life for their child as well as to pay for future medical expenses. A lawyer will examine your case and make a strong claim against the responsible parties. They are aware of the science behind these types of injuries, the roles doctors and hospital personnel have in them, and Atlanta birth injury lawyers the consequences of a mistake could affect your family’s future.

Damages

Medical mistakes can happen regardless of how well-intentioned the medical professionals may be. When they do, the consequences could be devastating for families. Their lives can be forever altered by the injuries, and they will continue to require medical care. The damages awarded will allow them to pay for these expenses and help them recover from other losses.

A family can bring a lawsuit based on birth injuries to hold a medical professional accountable for their error and also to get financial compensation. The lawyer who handles the case will gather all pertinent information, including medical records. Once they have all this information, they will file the lawsuit with the court, naming the hospital and the doctor as defendants. Following this, they will ask for an amount of settlement, although there is no guarantee that they will agree to a settlement.

In addition to the economic damages, a family could be awarded non-economic or pain and suffering damages. These are a way to cover the emotional trauma and suffering that the child and family members endured. These settlements can be challenging to calculate but a skilled lawyer can try to negotiate an appropriate settlement that compensates the child and/or parents for the losses they suffered.

There are also punitive damages which are designed to penalize the at-fault party for their egregious conduct and deter others from engaging in similar conduct. These damages are rare in medical malpractice cases, however they are awarded when the jury determines that the defendant’s behavior was especially egregious.

If you believe your child has suffered injuries related to birth because of the carelessness or negligence of a healthcare professional it is essential to get in touch with an Atlanta birth injury lawyer as soon as possible. The statute of limitations is the date to file your birth injury claim. Your lawyer can tell you how much time you still have.