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Birth Injury Lawsuits

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

In order to build a strong case we must prove that healthcare providers failed to ensure a high standard of care. We gather evidence using eyewitness testimonies, expert medical opinions, photos and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are obliged to provide patients with the standard of treatment. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations established by medical professional associations.

A physician who fails meet the standard of care may be held accountable for injuries caused through their negligence. A successful malpractice case will require a thorough investigation as well as a solid case that is based on reliable evidence such medical records and eyewitness testimonies. An Atlanta Birth Injury Lawyer - Chincelery0.Werite.Net - is experienced in investigating these cases and know how to gather the required information quickly, while evidence is fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the duty of a doctor to comply with the standards of care; 2)) a breach of this duty occurred;) the breach of the defendant 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 who have extensive knowledge of their field and familiarity with accepted practices. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to be a witness.

Although most birth injuries are the result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and hurt the child. These mistakes could include misdiagnosis or failure to detect the signs of stress in the fetus, medication errors, surgery errors, or failure to perform an urgent C-section.

The damage caused by the child could be significant. A caring Atlanta birth injury lawyer can assist these families receive the compensation that they are entitled to for all their losses and hardships. These losses can include medical expenses as well as loss of income as well as the cost of ongoing treatment and care, pain and suffering, and mental anguish.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, obtain the financial assistance they need to cover their medical bills in the future. This includes enlisting financial and medical experts to calculate their future and current losses and develop a sound legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of a relationship. For instance it is a duty to pay taxes or not to steal. A medical professional who has a duty to you must act in your best interest. In a medical malpractice lawsuit, failing to meet this standard is referred to as negligence. This is what leads to birth injuries, such as cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must show that the healthcare professional had a duty of care, and that the healthcare professional violated this duty by acting negligently. The breach must also be connected to the harm suffered by the plaintiff, which requires establishing that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done in similar circumstances.

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

A healthcare professional may also be in breach if they act recklessly or show poor judgment. Examples include giving the wrong medication or not properly handling an operation. In a lot of cases medical professionals can avoid from committing a mistake by being aware the risks that could be posed to a patient during pregnancy.

A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation could cover medical expenses, ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The damages you could receive will depend on the severity of your child's injuries as well as the impact they'll have on their lives for the next few years. Our attorneys will carefully examine your case, gather the relevant evidence, and determine what compensation you are owed. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached we will prepare for trial. Contact us today if think your child's doctor has committed negligence.

Causation

A birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most important 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 established through evidence from experts, and Atlanta birth injury lawyers seek out top experts in their fields to build a strong case for their clients.

The next element of a medical malpractice claim is causation, meaning that the negligent actions or failures to act directly led to an injury to the patient. This is a crucial aspect, and expert medical witnesses can provide evidence that the medical professional strayed from the accepted standards in their field which led to the victim being injured.

For a medical malpractice claim to be successful, the plaintiff must also prove that their injuries were compensable under Georgia's law. The compensation for medical malpractice could comprise both economic and other damages. Economic damages are usually granted to cover costs like rehabilitation, medical expenses, ongoing treatment, loss of quality of life and lost wages due to taking off from work. Non-economic damages may be awarded to cover emotional suffering, pain and distress and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will investigate the medical documents to determine who was responsible for your child's injuries, and they will look into how these mistakes could have been avoided. Depending on the circumstances the hospital or other healthcare professionals may be accountable for the negligence.

A dedicated Atlanta birth injury lawyer can help parents whose children are born with a disability that is severe like cerebral palsy, or severe spinal injuries. They can also obtain financial assistance to improve the quality of life for their child and pay future medical expenses. A lawyer will diligently to investigate your situation and make a compelling claim against the accountable parties. They are aware of the science behind these types of injuries, the roles doctors and hospital staff are involved in, and the consequences of a mishap could affect your family's future.

Damages

Whatever the best intentions of doctors are, medical errors happen. When they do, the consequences can be devastating for families. The injuries may change their lives forever and leave them with an ongoing need for medical treatment and other expenses that will never go away. The compensation awarded could aid in the payment of these expenses and compensate them for their other losses.

A family could bring a birth injury lawsuit to make the healthcare professional accountable for their error and seek financial compensation. The lawyer handling the case will first collect all relevant information, including medical records. Once they have this information, they will file the lawsuit with the court including the doctor and hospital as defendants. They will then request an agreement, but there is no guarantee that they will accept one.

A family may also be awarded pain and suffering damages or non-economic damages in addition economic damages. These damages are designed to compensate a child's family for the emotional distress and trauma they endured. They can be a challenge to estimate however, a skilled attorney could try to obtain an appropriate settlement for the child's as well as his or parents loss.

There are also punitive damages, that are intended to punish the person at fault for his or her egregious actions and discourage others from engaging in similar conduct. They are rare in medical malpractice cases but can be awarded if a jury finds that the defendant's actions were reckless or egregious.

If you suspect that your child has suffered an injury related to birth due to the inattention or negligence of a healthcare professional it is essential to contact an Atlanta birth injury lawyer as quickly as possible. There is a time limit, known as the statute of limitations within which you have to file a birth injury claim and the lawyer who handles these types of claims is in a position to inform you of the timeframe you have left.