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Birth Injury Lawsuits If your child sustains an injury that is serious in the birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury lawyers help families recover compensation for their long-term medical expenses and loss of future income. In order to build a strong case we must show that healthcare providers failed to keep up with the highest standards of care. We gather evidence through eyewitness testimony as well as expert medical opinions and photographs and videos. Duty of Care Medical staff and doctors who treat OB-GYN patients are obliged to provide patients with the standard of care. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations established by medical professionals' professional organizations. A physician who fails meet the standards of care can be held liable for any injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation as well as a solid case based on solid evidence, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the necessary information quickly, while evidence is still fresh. In a Georgia malpractice lawsuit, the plaintiff needs to prove four things one of which is) that the doctor owed a duty to follow the standard of care, 2)) 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 know-how in their field. A qualified birth injury attorney has a network of expert witnesses throughout the country who they can use to testify in each case. It is not unusual for doctors with good intentions to make errors that harm the child. These mistakes could include the wrong diagnosis, inability to detect the presence of fetal distress, medication mistakes surgical errors, the failure to perform an emergency C-section if needed. The harm suffered by the child could be severe. A caring Atlanta birth injury attorney can help these families receive the compensation they are entitled to for their hardships and losses. These losses can include medical expenses and income loss, the cost of life-long medical treatment and care in the form of pain and suffering and mental anguish. Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, get the financial assistance they need to cover their future medical expenses. This includes bringing in medical and financial experts to analyze the current and future losses and develop a legal strategy to pursue the maximum amount of compensation. Breach of Duty A duty is a legal obligation that arises from the relationship between two parties, for example, an expectation that you pay taxes or a promise not to rob. If a medical professional is obligated to you a duty, they must use reasonable care to safeguard your best interests. In a medical malpractice case failing to meet this standard could be deemed negligence. This is the reason for birth injuries, including cerebral palsy, as well as other birth-related disabilities. To prove medical malpractice, a plaintiff (in this instance, the child's mother) must show that the healthcare provider owed them a high duty of care and that the healthcare professional violated this duty by acting negligently. The breach must be linked to the injury suffered and the healthcare professional's actions or inactions must have been different from what other doctors would have done in similar situations. One 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 common kind of medical malpractice that is alleged in a case of birth injury. A healthcare professional can also be guilty of a breach if they act recklessly or show poor judgment. Examples include giving the wrong medication or mishandling an operation. In many cases, negligence is preventable 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 devastating birth trauma. Compensation can cover medical expenses as well as ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are available to assist victims get 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 life for the next few years. Our attorneys will examine your case in detail, gather the required evidence, and determine how much you are due in damages. We will then negotiate a fair settlement with you. If a settlement cannot be reached we will prepare for trial. Contact us today if you think your child's doctor has was negligent. Causation In order to bring a lawsuit against a healthcare professional over a birth injury, you must establish a number of legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by not adhering to the appropriate standard of care within their specialty. This aspect of a medical malpractice case is established through expert testimony, and Atlanta birth injury lawyers will consult top-tier experts in their fields to create a compelling case for their clients. The second element of a medical malpractice case is causation. This means that the negligence or failures to act directly caused injury to the patient. This is another crucial element, and expert medical witnesses can prove that the medical professional departed from the accepted standards of their field and led to the victim being injured. To win a medical malpractice case, the plaintiff will also be required to prove that the injuries are compensable under Georgia law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are usually granted to cover costs such as rehabilitation costs, medical expenses and ongoing treatment and loss of quality of life and lost wages due to taking off from work. Non-economic damages can be awarded to compensate for emotional suffering, pain and distress, and mental anguish related to the injury. A skilled Atlanta birth injury lawyer will investigate the medical records to determine who is responsible for your child's injuries and investigate how these errors could have been prevented. Depending on atlanta birth injury lawsuit , the hospital or other healthcare professionals may be accountable for the negligence. A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a disability that is severe like cerebral palsy, or severe spinal injuries. They can also seek financial assistance to improve the quality of life their child and pay for future medical expenses. A lawyer will work diligently to investigate your situation and bring a compelling claim against the parties responsible. They are aware of the science behind these kinds of injuries, the roles that doctors and hospital personnel are involved in, and the consequences of a mistake can impact your family's future. Damages No matter how well-intentioned doctors are, medical errors happen. When they do, the consequences can be devastating to families. Their lives can be forever altered by the injuries and they will require medical attention. The damages awarded can help pay for these expenses and help them recover for other losses. A family can bring a lawsuit based on birth injuries to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer handling the case will first gather all relevant information including medical records. Once they have gathered all the information and have it all, they will bring a lawsuit to court with the doctor and the hospital as defendants. After this, they will ask for an amount for a settlement, but there is no guarantee they will agree to a settlement. A family could 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 family members endured. These can be a challenge to estimate but a savvy lawyer can try to negotiate a fair settlement for the child's as well as his or her parents loss. Punitive damages are meant to punish the party responsible for their reckless behavior and deter others from engaging in similar behaviour. These damages are uncommon in medical malpractice cases, however they can be awarded when juries find that the defendant's conduct was especially egregious. If you believe your child has suffered a birth-related injury due to the negligence or carelessness of the healthcare professional It is crucial to get in touch with an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the time limit to file your claim for birth injury. Your lawyer can tell you how long you have left.