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Birth Injury Lawsuits

If your child sustains a serious injury at birth due to medical negligence, the repercussions could last for a lifetime. Our Atlanta birth injury lawyers assist families obtain compensation to cover their long-term medical needs and loss of future earnings.

To make a convincing case, we need to prove that healthcare providers failed to ensure a high standard of care. We gather evidence by obtaining eyewitness testimony and expert medical opinions and photos and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest standard of care for their patients. This obligation stems from laws governing the healthcare industry and rules and regulations set by medical professionals’ professional organizations.

A physician who fails adhere to the standards of care can be held accountable for injuries caused through their negligence. However the successful claim for malpractice requires a thorough investigation as well as a solid case based on credible evidence, including medical records and eyewitness testimony. A birth injury lawyer in Atlanta is familiar with the investigation of these cases and knows how to gather information quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements: 1) that the doctor was under a duty to follow the standard of care,) that a breach occurred, 3) the breach by the defendant directly caused the injuries and 4) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals who have extensive experience and knowledge in their area of expertise. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can call to testify.

Although most birth injuries are the result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes and hurt children. These errors can include misdiagnosis, failure to detect the presence of fetal distress, medication mistakes surgical errors, the failure to perform an emergency C-section if needed.

The harm that a child suffers can be severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they deserve for all their troubles and losses. These losses can include medical expenses as well as lost income, lifelong treatment, mental anguish, and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial support they need to pay for their future medical needs. This includes enlisting experts in the field of medicine and finance to estimate the current and future losses and devise a sound legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is an obligation that arises from the relationship. For example, a duty to pay taxes or not to steal. If a medical professional owes you an obligation, they must exercise reasonable care in your best interests. In the case of medical malpractice the failure to adhere to this standard could be deemed negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this instance the child’s mother) must show that the healthcare provider had a duty of care, and that the healthcare professional breached this duty by acting negligently. The breach must be linked to the injury suffered, which means that the healthcare professional’s actions or inactions must be different from what other doctors would have done in similar situations.

A doctor who refuses to order an emergency C section when both mother and child are in distress is a prime example. This is the most frequent type of medical malpractice that’s accused in birth injury cases.

Another kind of breach occurs when healthcare professionals are reckless or displays poor judgment. Examples of this include administering the wrong medication or ignoring the procedure. In a lot of cases, medical professionals can prevent from committing a mistake by being aware the possible risks to a patient during pregnancy.

A successful medical malpractice claim can aid a family financially to recover from a severe birth injury. Compensation could cover 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 amount you may be entitled to will depend on the severity and impact of your child’s injury. Our lawyers will analyze your case with care, collect all the evidence needed and determine the amount you are entitled to in damages. We will then collaborate with you to negotiate an equitable settlement. If a settlement cannot be reached we will prepare for trial. Contact us today if you believe your child’s doctor did not follow through.

Causation

A birth injury lawsuit against a healthcare provider requires the proof of several legal elements. One of the most important elements is that a medical professional failed to meet a reasonable standard within their field of expertise. Expert evidence is used to prove this aspect of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to create a convincing case for their clients.

Causation is the second element in the medical malpractice case. This implies that the negligent acts or the failure to act directly caused injuries to the patient. This is a crucial aspect and medical experts can prove that the medical professional deviated from the accepted standards of their field and led to the victim being injured.

In order to prevail in an action for medical malpractice, the plaintiff will also be required to prove that the injuries are compensable under Georgia law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life, as well as lost earnings due to time off from work. Non-economic damages can be awarded to compensate for emotional suffering, distress and mental stress due to the injury.

A competent Atlanta birth injury lawyer will review the medical records in order to determine who is accountable for your child’s injuries and the ways they could have been prevented. Based on the circumstances the other healthcare professionals or even the hospital itself may be held accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can aid parents whose children are born with a severe disability such as cerebral palsy or an injury to the spine that is serious. They can also get financial assistance to improve the quality of life their child and pay for future medical expenses. A lawyer will examine your case and file a strong claim against the responsible parties. They are aware of the research behind these injuries, the role that hospital staff and doctors play in these accidents, and how errors can impact the future of your family.

Damages

Medical mistakes can happen regardless of how careful the doctors may be. When they do, the consequences could be devastating for families. The injuries can change their lives forever, leaving them with a constant need for medical treatment and other costs that will never end. The damages awarded can help pay for these expenses and help them recover for other losses.

atlanta birth injury attorneys can start a lawsuit for birth injury to hold a healthcare professional accountable for their negligence and to recover financial compensation. The lawyer who handles the case will gather all pertinent information including medical records. After they have gathered all the relevant information, they will present a lawsuit in court and name both the doctor and the hospital as defendants. They can then ask for an agreement however there is no guarantee they will accept one.

In addition to financial damages, a family could be awarded non-economic, pain and suffering damages. These damages are meant to compensate the family of a child for the emotional distress and trauma they suffered. They can be a challenge to estimate however, a skilled lawyer could seek an appropriate settlement for the child’s as well as his or her parents loss.

Punitive damages are intended to punish the party responsible for their reckless behaviour and deter others from engaging in similar behavior. They are not common in medical malpractice cases, however they may be awarded if a jury finds that the defendant’s actions were particularly egregious or reckless.

If you believe your child has suffered a birth-related injury due to the negligence or carelessness of the healthcare professional, it is important to get in touch with an Atlanta birth injury lawyer as soon as you can. There is a specific deadline, known as the statute of limitations, within which you have to make a claim for birth injuries, and the lawyer who handles these types of claims would be in a position to inform you of the timeframe you have left.