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Birth Injury Lawsuits

If your child is injured during birth because of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical costs and lost future income.

To make a convincing argument, we must show that healthcare professionals failed to maintain the highest standards of medical care. We gather evidence using eyewitness accounts, medical experts’ opinions, photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the highest quality of care to their patients. This obligation is derived from the laws that regulate the healthcare industry, and the rules and regulations formulated by medical professional associations.

A doctor who fails to meet the standard of care can be held liable for any injuries caused by their negligence. A successful malpractice case will require a thorough investigation and a convincing case that is based on reliable evidence such medical records and eyewitness testimonies. A birth injury lawyer in Atlanta is familiar with investigating 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 is required to establish four elements: 1) that the doctor owed obligation to observe the standard of care,) that there was a breach, 3) the breach by the defendant directly triggered injuries and four) damages were triggered by the injuries. Establishing each element requires an expert witness. These experts are medical professionals who have extensive experience in their field and expertise in accepted procedures. A qualified birth injury lawyer will have a nationwide network of expert witnesses they can call to testify.

It is not unusual for doctors with good intentions to make errors that harm children. These mistakes could include the wrong diagnosis or inability to recognize the signs of stress in the fetus and medication errors, surgical errors, or failure to perform a C-section urgently.

The harm that a child suffers can be devastating. A caring Atlanta birth injury lawyer can assist these families receive the compensation that they are entitled to for all their troubles and losses. These losses could include medical expenses, lost income, lifelong treatment, mental anxiety, and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their families receive the financial assistance they need to pay for their future medical needs. This includes hiring financial and medical experts to analyze current and future 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 the relationship between two parties, for example, an expectation that you pay taxes or a promise not to take something from someone else. If a medical professional is obligated to you an obligation, they must use reasonable care to safeguard your best interests. In a lawsuit involving medical malpractice the failure to adhere to this standard is called negligence. This is the reason for birth injuries, such as cerebral palsy, as well as other birth-related disabilities.

In order to prove medical malpractice the plaintiff (in this instance, the mother of the child) must show that the healthcare professional was responsible for an exceptional level of care, and that they acted in breach of the duty of care by committing negligence. The breach must also be connected to the injury suffered by the plaintiff, which requires establishing that the healthcare professional’s actions or lack of action differed from what other medical professionals would have done under similar circumstances.

A good example of this is the doctor who does not request an emergency C-section if the mother and baby are in fetal distress. This is the most frequent kind of medical malpractice that is alleged in a birth injury case.

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 many cases the risk of negligence is avoided when medical professionals are aware of the dangers that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation can pay for medical expenses as well as ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of damages you could be entitled to will depend on the extent and impact of your child’s injury. Our lawyers will review your case carefully, gather the required evidence, and determine how much you are entitled to in damages. We will then negotiate a fair settlement with you. If atlanta birth injury lawyers cannot be reached, we will then prepare to go to trial. Contact us now if you think your child’s doctor has committed negligence.

Causation

To bring a lawsuit against a healthcare professional over a birth injury, you need to prove several legal elements. One of the most crucial elements is that a medical professional failed to adhere to a reasonable standard in their area of expertise. This aspect of a medical malpractice claim is proven through evidence from experts, and Atlanta birth injury lawyers will employ top experts in their field to develop a convincing case for their clients.

The next step is to establish the cause in the medical malpractice case. This means that the negligent act or inactions directly caused injuries to the patient. This is an additional crucial element and expert medical witnesses can provide evidence that the medical professional departed from the accepted norms in their field that led to the victim being injured.

In order for a medical malpractice claim to succeed, the plaintiff must also prove that their injuries were legally compensable under Georgia’s law. Compensation for medical malpractice damages may comprise both economic and other damages. Economic damages are typically granted to cover costs like rehabilitation costs, medical expenses and ongoing treatment, loss of quality of life and lost wages due to taking time off work. Non-economic damages can be awarded to cover emotional distress, pain and suffering and mental stress due to the injury.

A experienced Atlanta birth injury lawyer will scrutinize the medical records in order to determine who is accountable for the injuries your child sustained and the ways they could have been prevented. Depending on the circumstances the other healthcare professionals or even the hospital itself could be accountable for the malpractice committed by the doctor.

When a person’s child is born with a severe condition such as cerebral palsy or a serious spinal cord injury or other physical or mental disability, an experienced Atlanta birth injury lawyer can assist them in obtaining financial support to improve the quality of their child’s life and provide for future medical requirements. An attorney will be diligent to examine your situation and file an effective claim against the responsible parties. They understand the science behind these kinds of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mishap can affect the future of your family.

Damages

Medical mistakes can happen regardless of how well-intentioned the doctors are. If they do, the results can be devastating for families. Their lives could be forever altered by the injuries and they will continue to require medical care. The damages that are awarded will help them pay for these expenses and compensate for their other losses.

A family could file a birth injury lawsuit to ensure that the healthcare professional is held accountable for his or her mistake and to seek financial compensation. The lawyer who handles 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 with the doctor and hospital as defendants. After this, they will seek a settlement amount, though there is no guarantee they will agree to one.

A family may also be awarded damages for pain and suffering or non-economic damages in addition to economic damages. These are meant to pay for the emotional trauma and stress that the child and his or family members endured. These settlements can be difficult to calculate, but a knowledgeable lawyer can try to negotiate a fair settlement to compensate the child and his or parents for the losses they suffered.

There are also punitive damages, that are intended to punish the person at fault for his or her egregious behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they are awarded when a jury finds that the defendant’s actions were particularly egregious.

If your child suffered an injury during birth because of the negligence of a health care professional, you should to contact a dedicated Atlanta birth injury lawyer immediately. The statute of limitations is the time limit for filing your claim for birth injury. Your lawyer will be able to tell you the amount of time you still have.