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A Handbook For Atlanta Birth Injury Lawsuit From Start To Finish
Birth Injury Lawsuits

When your child suffers a serious injury in the birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury attorneys can help families obtain compensation for long-term medical costs and future loss of income.

To make a convincing argument, we must show that healthcare professionals did not adhere to a high standard of care. We gather evidence through eyewitness testimony and 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 treatment. This obligation stems from the laws that govern the healthcare industry, as well as the rules and regulations set by medical professionals' professional organizations.

A physician who fails to adhere to the standards of care may be held liable for injuries caused by their negligence. However, a successful malpractice claim requires a thorough investigation as well as an argument that is based on solid evidence, such as medical records and witness testimony. An Atlanta birth injury lawyer has experience investigating these cases, and they know how to gather the necessary information quickly, while evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements that include: 1)) that the doctor had obligation to observe the standard of care,) that there was a breach, 3) the breach of the defendant directly caused the injuries, and 4) damages were caused by the injuries. Establishing each element requires an expert witness. These experts are medical professionals who have extensive knowledge of their field and familiarity with accepted practices. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to be a witness.


atlanta birth injury lawsuit is not uncommon for doctors with good intentions to make mistakes that cause harm to a child. These errors can include mistakes in diagnosis, failure to recognize fetal distress, medication errors surgical errors, the inability to perform an emergency C section when needed.

The harm that a child suffers can be devastating. A caring Atlanta birth injury attorney can help families get the compensation they deserve for their losses and hardships. atlanta birth injury lawsuit could include medical expenses, loss of income and the cost of long-term treatment and care as well as pain and suffering and mental stress.

The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice as well as their family members get the financial assistance they need to pay for their future medical expenses. This involves hiring medical and financial experts to calculate the current and future losses and then putting together a legal strategy to pursue the maximum amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from a relationship, such as an expectation that you will pay taxes or a promise not to steal. A medical professional who is bound by an obligation to you must act in your best interests. In the event of a medical malpractice lawsuit, failure to meet this standard could be deemed negligence. This is what causes birth injuries, including cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must demonstrate that the healthcare professional was obligated to them with a high standard of care and that the healthcare professional breached this duty by committing negligence. 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 good example of this is a doctor who fails to call for an emergency C-section even though the mother and baby are in fetal distress. This is the most frequent kind of medical malpractice that is claimed in a case of birth injury.

A healthcare professional can also commit a breach when they act recklessly or show poor judgment. Examples of this include putting in the wrong medication or not properly handling an operation. In many instances the risk of negligence is avoided if medical professionals are aware of the risks that could affect a pregnant patient.

A successful medical malpractice claim can aid a family financially to recover from a severe birth injury. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are available to assist victims receive the compensation they need. The damages you could receive will depend on the severity of your child's injuries as well as the impact they'll affect their lives going forward. Our attorneys will carefully examine your case, collect the required evidence, and then determine the amount of damages you are entitled to. We will then work with you to negotiate an acceptable settlement. If a settlement cannot be reached, we will then prepare to go to trial. If you believe that your child's medical provider committed error, call us today to begin your birth injury claim.

Causation

In order 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 the medical professional violated their duty to patients by failing to adhere to a reasonable standard of care within their area of expertise. This aspect of a medical malpractice case is established through evidence from experts, and Atlanta birth injury lawyers employ top experts in their fields to develop a convincing case for their clients.

The next step is to establish the cause in a medical malpractice case. This implies that the negligent acts or the failure to act directly caused an injury for 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 resulted in the victim being injured.

To win an action for medical malpractice the plaintiff will need to prove that their injuries are compensated under Georgia law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are usually granted to cover costs like medical expenses, rehabilitation and ongoing treatment, loss of quality of life and lost wages due to taking time off work. Non-economic damages can be awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.

A experienced Atlanta birth injury lawyer will review the medical records to determine who is accountable for the injuries suffered by your child and the ways they could have been prevented. Based on the circumstances the hospital or other healthcare professionals may be responsible for the malpractice.

If a child is born with a serious condition, such as cerebral palsy or a serious spinal cord injury, or other physical or mental disability, an experienced Atlanta birth injury attorney can assist them in obtaining financial assistance to improve their child's quality of life and provide for future medical needs. A lawyer will examine your case and file an effective claim against the parties responsible. They are aware of the science behind these types of injuries, the roles hospital staff and doctors are involved in, and the consequences of a mishap could affect your family's future.

Damages

Medical errors can occur, no matter how well-intentioned the medical professionals may be. If they do, the results can be devastating to families. Their lives can be forever changed due to the injuries, and they will always need medical care. The compensation awarded could help pay for these expenses and also compensate them for other losses.

A family can bring a lawsuit based on birth injuries to hold a healthcare professional accountable for their mistake and also to get financial compensation. The lawyer who handles the case will first gather all relevant information including medical records. Once they have collected all the information and have it all, they will file a lawsuit in court and name both the hospital and the doctor as defendants. They can then ask for an agreement but there is no guarantee that they will agree to one.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These damages are designed to compensate a child's family for the emotional pain and trauma they endured. These settlements can be challenging to calculate, but a knowledgeable lawyer can negotiate an appropriate settlement that compensates the child and his or parents for the losses they suffered.

There are also punitive damages which are designed to penalize the at-fault party for their egregious actions and discourage others from engaging in similar conduct. They are rare in medical malpractice cases, however they can be awarded if a jury believes that the defendant's actions were particularly reckless or egregious.

If your child has suffered an injury to their birth due to the negligence of a health professional, you may want to speak with an experienced Atlanta birth injury lawyer immediately. The statute of limitations is the date by which you must file your birth injury claim. Your lawyer can tell you how long you still have.

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