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Birth Injury Lawsuits If your child suffers a serious injury during birth due to medical negligence, the consequences can last for a lifetime. Our Atlanta birth injury lawyers can help families recover compensation to cover their medical bills for the long-term and future loss of earnings. To make a convincing case, we must demonstrate that healthcare professionals did not uphold the highest standards of care. We gather evidence using eyewitness testimony, expert medical opinions, photos and videos. Duty of Care The OB-GYN medical staff and doctors are required to provide the best quality of care to their patients. This obligation is derived 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 may be held liable for any injuries caused through their negligence. However an effective malpractice claim requires a thorough investigation as well as a solid case based on evidence that is credible, such as medical documents and witness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and knows how to gather the necessary details quickly, while the evidence is still fresh. In a Georgia malpractice lawsuit, the plaintiff needs to establish four elements that include: 1)) that the doctor owed obligation to observe the standard of care,) that the breach occurred,) the breach by the defendant directly triggered injuries and four) damages were triggered by the injuries. Establishing each element requires an expert witness. These experts are medical professionals with years of experience in their field and knowledge of accepted methods. A competent birth injury lawyer will have access to a nationwide network of expert witnesses they can call to provide evidence. While most birth injuries result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and hurt a child. These errors can include misdiagnosis, failure to detect the signs of distress in the fetus, medication errors or surgical mistakes, or the failure to perform an emergency C-section when necessary. The damage that the child suffers can be devastating. A caring Atlanta birth injury lawyer can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical expenses as well as lost income, lifelong treatment, mental anguish and suffering and pain. Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, receive the financial aid they require to cover the future medical bills. This includes bringing in medical and financial experts to calculate current and future losses, and to develop a legal plan to pursue the maximum amount of compensation. Breach of Duty A duty is an obligation that arises from an existing relationship. For example it is a duty to pay taxes or not to steal. If a medical professional is obligated to you a duty, they must take reasonable care to protect your best interests. In a medical malpractice case the failure to adhere to 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 case the child's mother) must prove that the healthcare professional owed them a high duty of care and that the healthcare professional breached this duty by committing negligence. The breach must also be correlated to the injuries that the plaintiff suffered, which requires establishing that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances. A doctor who refuses to order an emergency C section when both mother and child are in distress is a prime instance. This is the most frequent kind of medical malpractice alleged in birth injuries. A healthcare professional may also commit a breach when they are reckless or display poor judgment. Examples of this include putting in the wrong medication or mishandling a surgical procedure. In many cases, negligence is preventable by medical professionals who are aware of the dangers that could affect a newborn patient. A successful medical malpractice case can help families financially recover from a serious birth injury. Compensation can pay for medical expenses as well as ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury attorneys are available to assist victims receive the compensation they need. The amount of compensation you could be entitled to is contingent upon the severity and impact of the injury to your child. Our attorneys will thoroughly review your case, gather the necessary evidence, and determine what damages you are owed. We will then negotiate a fair settlement with you. If a settlement cannot be agreed upon, we will prepare to go to trial. Contact us now if you suspect your child's physician was negligent. Causation Bringing a birth injury lawsuit against a healthcare provider needs proving several legal elements. One of the most crucial elements is that the medical professional failed to meet a reasonable standard within their field of expertise. This element of a medical malpractice claim is established by expert testimony. Atlanta birth injury lawyers will employ top experts in their fields to create a compelling case for their clients. The next element of a claim for medical malpractice is causation. This means that the negligent act or inactions led to an injury to the patient. It is a crucial aspect and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards of medical practice in their field, which in turn caused the victim to suffer an injury. In atlanta birth injury lawsuit for a claim based on medical malpractice to succeed, the plaintiff must also prove that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are typically granted to cover costs like medical expenses, rehabilitation and ongoing treatment and loss of quality of life, and lost wages due to taking time off from work. Non-economic damages can be awarded to cover emotional suffering, pain and distress and mental stress due to the injury. A experienced Atlanta birth injury lawyer will examine the medical records to determine who was accountable for your child's injuries and will investigate how these errors could have been prevented. Depending on your circumstances the other healthcare professionals or even the hospital itself may be held accountable for the malpractice committed by the doctor. If a child is born with a serious condition such as cerebral palsy, serious spinal cord injury or other mental or physical disabilities, a dedicated Atlanta birth injury attorney can help them get financial assistance to enhance their child's quality of life and help with future medical requirements. A lawyer will work diligently to analyze your situation and bring an effective claim against the responsible parties. They know the science behind 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 happen regardless of how well-intentioned the doctors may be. If they do, the repercussions could be devastating for families. Their lives could be forever altered due to the injuries, and they will require medical attention. The damages awarded can aid in the payment of these expenses and also compensate them for other losses. A family could bring a birth injury lawsuit to make the healthcare professional accountable for the error and to seek the financial compensation. The lawyer handling the case will collect all pertinent information, including medical records. Once they have all this information, they will file the lawsuit with the court with the hospital and the doctor as defendants. They can then ask for 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 a way to pay for the emotional trauma and suffering that the child and her family endured. Settlements aren't easy to calculate, however a savvy lawyer can try to negotiate a fair settlement to compensate the child as well as his or her parents for the losses they suffered. Punitive damages are meant to penalize the party who was at fault for their insidious behavior and deter others from engaging in similar conduct. These damages are rare in medical malpractice cases, but they may be awarded if juries find that the defendant's conduct was particularly indecent. If you suspect that your child has suffered an injury related to birth due to the negligence or carelessness of medical professionals, it is important to speak with an Atlanta birth injury lawyer as quickly as you can. There is a strict deadline known as the statute of limitations, within which you can file a birth injury claim and the lawyer who handles these kinds of claims is competent to tell you how long you have left.