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Birth Injury Lawsuits If your child suffers an injury at birth as a result of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers assist families recover compensation to cover their long-term medical needs and future loss of earnings. To establish a convincing argument, we must show that healthcare professionals failed to adhere to a high standard of care. We gather evidence from eyewitness testimony and expert medical opinions and photographs 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 is derived from the laws that regulate the healthcare industry, and the rules and regulations formulated by medical professionals' professional associations. A physician who fails meet the standards of care can be held liable for injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation as well as a strong case built on credible evidence, including medical records and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and knows how to gather all the necessary information quickly, while evidence is fresh. In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of the doctor to adhere to the standards of care; 2)) a breach of this duty occurred;) 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 who have vast experience and expertise in their area of expertise. A competent birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to be a witness. Although the majority of birth injuries result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes that harm a child. These errors could be due to the wrong diagnosis, inability to detect the signs of distress in the fetus, medication errors, surgical errors, or the inability to perform an emergency C section when needed. The damage caused by the child may be severe. A caring Atlanta birth injury lawyer can assist these families receive the compensation they deserve for all of their difficulties and losses. These losses could include medical costs, loss of income and the cost of long-term medical treatment and care, pain and suffering, and mental stress. Grant Law Office is dedicated to helping those affected by medical malpractice, and their families, receive the financial aid they require to pay the future medical bills. This includes enlisting financial and medical experts to assess 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 arises from an existing relationship. For example it is a duty to pay taxes or not rob. A medical professional who has a duty to you must act in your best interests. In a medical malpractice case the failure to adhere to this standard is termed negligence. This is what causes birth injuries, including cerebral palsy, as well as other birth-related disabilities. To prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare provider owed them a high duty of care and that the healthcare professional violated the duty of care by committing a negligent act. The breach must be connected to the injury suffered, which means that the healthcare professional’s actions or inactions have to be different from what other doctors would have done in similar situations. A doctor who refuses to request an emergency C section when both mother and child are in distress is one instance. This is the most common form of medical malpractice that is being alleged in birth injury cases. Another type of breach is when medical professionals act recklessly or displays poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In many cases, medical professionals can prevent negligence by being aware of the possible risks to pregnant women. atlanta birth injury lawyers can aid a family financially to recover from a severe birth injury. Compensation could cover medical costs as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury attorneys are ready to help victims get the compensation they deserve. The amount you could be entitled to depends on the extent and impact of the injury to your child. Our attorneys will thoroughly review your case, gather required evidence, and then determine what damages you are owed. We will then negotiate an equitable settlement with you. If a settlement cannot be agreed upon, we will prepare for trial. Contact us today if believe your child's doctor was negligent. Causation Bringing a birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most crucial elements is that a medical professional failed to adhere to a reasonable standard in their field of expertise. This aspect of a medical malpractice case is proven through expert testimony, and Atlanta birth injury lawyers will seek out top experts in their fields to create a compelling case for their clients. Causation is the next element in a medical malpractice case. This means that the negligent act or the failure to act directly caused injuries to the patient. Again, this is a crucial aspect and expert medical witnesses will be able to prove that the medical professional acted in a manner that was different from the accepted standards of medical care in their area, which resulted in the victim suffering an injury. In order for a claim based on medical malpractice to be successful, the plaintiff must also prove that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice may comprise both economic and other damages. Economic damages are awarded to pay for medical expenses as well as ongoing treatment, loss of quality of life, as well as lost wages due to time off work. Non-economic damages may be awarded to cover emotional distress, pain and suffering, and mental anguish related to the injury. A skilled Atlanta birth injury lawyer will review the medical records in order to determine who is accountable for your child’s injuries and how they could have been avoided. Based on the circumstances, the hospital or other healthcare professionals could be accountable for the error. A dedicated Atlanta birth injury lawyer can assist parents whose children are born with a serious disability like cerebral palsy, or an injury to the spine that is serious. They can also seek financial assistance to improve the quality of life for their child as well as to pay future medical expenses. An attorney will be diligent to examine your situation and file an effective claim against the parties responsible. They know the scientific basis for these injuries, the roles that hospital staff and doctors play in their care, and how a mistake can affect the future of your family. Damages Medical errors can occur regardless of how well-intentioned the doctors may be. If they do, the repercussions can be devastating to families. The injuries can alter their lives forever, leaving them with an ongoing need for medical care and other costs that will never go away. The compensation they receive will help them pay for those expenses and pay for other losses. A family may bring a lawsuit based on birth injuries to hold a healthcare professional accountable for their mistake and to recover financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have all this information, they will file the lawsuit with the court, naming the doctor and hospital as defendants. They will then request an agreement but there is no guarantee they will accept one. A family could also be awarded damages for pain and suffering, or non-economic damages in addition economic damages. These are meant to compensate for the emotional trauma and distress that a child and his or family suffered. They aren't easy to determine but a savvy lawyer could seek an appropriate settlement for the child's and his or parents loss. Punitive damages are meant to penalize the party who was at fault for their insidious behavior and discourage others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, but they are awarded when the jury determines that the defendant's behavior was especially egregious. If you suspect that 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 possible. The statute of limitations is the date for filing your birth injury claim. Your lawyer will be able tell you how long you have left.