Birth Injury Lawsuits

When your child is injured during birth as a result of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury attorneys help families obtain compensation for long-term medical bills and loss of future income.

In order to build a convincing case, we must demonstrate that healthcare providers failed to keep up with the highest standards of care. We gather evidence using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical staff are obliged to provide patients with the standard of treatment. This obligation stems from healthcare laws and rules and regulations set by medical professionals and professional organizations.

A doctor who fails to meet the standard of care may be held liable for injuries caused by their negligence. However the successful claim for malpractice requires a thorough investigation and a strong case built on evidence that is credible, such as medical records and witness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and knows how to quickly collect information and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four things: 1) that the doctor had obligation to observe the standard of care, 2)) that the breach occurred,) the breach by the defendant directly caused the injuries and four) damages were caused by the injuries. Each element must be established by an expert witness. These experts are medical professionals with extensive experience and know-how in their field. A qualified birth injury lawyer will have a nationwide network of expert witnesses that they can rely on to provide evidence.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to the child. These mistakes could include misdiagnosis or failure to detect fetal stress, medication errors, surgery errors, or failure to perform a C-section in a hurry.

The harm that a child suffers is often severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they deserve for all of their difficulties and losses. These losses can include medical expenses loss of income, permanent treatment, mental anxiety, and pain and suffering.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial assistance they need to pay their medical bills in the future. This includes bringing in medical and financial experts to calculate future and current losses and to develop a legal plan to seek maximum compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from the relationship between two parties, for example, the expectation that you pay taxes or a promise not to take something from someone else. A medical professional who owes an obligation to you must act in your best interest. In a medical malpractice case in which they fail to meet this standard is called negligence. This is the reason for birth injuries, including cerebral palsy, as well as other birth-related disabilities.

In order to prove medical malpractice the plaintiff (in this case, the mother of the child) must show that the healthcare professional was responsible for the highest standard of care, and that they violated that duty by acting negligently. The breach must also be correlated to the injury that the plaintiff suffered, which requires establishing that the healthcare professional's actions or lack of action differed from what other medical experts would have done in similar circumstances.

A doctor who fails order an emergency C section when both mother and child are in distress is an instance. This is the most common type of medical malpractice alleged in a birth injury case.

Another form of breach occurs when medical professionals act recklessly or exhibits poor judgment. Examples include giving the wrong medication or ignoring the procedure. In a lot of cases, negligence is preventable by medical professionals who are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a serious birth trauma. Compensation could cover medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to assist victims get the compensation they deserve. The amount you will get 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 examine your case carefully, gather the required evidence, and determine how much you are owed in damages. We will then collaborate with you to negotiate a fair settlement. If a settlement is not reached then we will prepare for trial. Contact us now if you suspect your child's physician committed negligence.

Causation

To bring a lawsuit against a healthcare professional for birth injuries, you must prove 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. Expert testimony is used to establish the basis of a claim for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to create a convincing case for their clients.

The next step is to establish the cause in the medical malpractice case. This means that the negligent act or the failure to act directly resulted in the victim suffering an injury. This is another crucial element and medical experts can prove that the medical professional departed from the accepted standards of their field and caused the victim to be injured.

In order to prevail in a medical malpractice lawsuit, the plaintiff will also have to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses, ongoing treatment, loss of quality of life, as well as lost wages due time off work. Non-economic damages may be awarded for emotional distress, pain and discomfort, and mental apprehension resulting from the injury.

A skilled atlanta birth Injury lawsuit birth injuries lawyer will review the medical records to determine who is accountable for the injuries your child sustained and the ways they could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the negligence.

A dedicated Atlanta birth injury lawyer can assist parents whose children are born with a severe disability like cerebral palsy or a serious spinal injury. They can also obtain financial aid to improve the quality of life their child and to provide future medical expenses. An attorney will look into your case and present a strong claim against the accountable parties. They understand the scientific basis for these injuries, the role doctors and hospital staff play in these accidents, and how errors can impact the future of your family.

Damages

Medical errors can occur regardless of how careful the doctors are. If they do, the consequences could be devastating for families. Their lives could be forever changed by the injuries and they will always need medical attention. The damages awarded will allow them to pay for those expenses and compensate for their other losses.

A family may start a lawsuit for birth injuries to hold the healthcare professional responsible for their error and to seek the financial compensation. The lawyer who handles the case will first collect all relevant information, including medical records. After they have gathered all the relevant information they will present a lawsuit in court with the hospital and the doctor as defendants. They will then request an agreement, but there is no guarantee that they will accept one.

A family may be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These are meant to cover the emotional trauma and stress that a child and his or family suffered. Settlements aren't easy to calculate, however a savvy lawyer could try to get an equitable settlement to compensate the child and his or parents for their losses.

There are also punitive damages, which are designed to penalize the person at fault for their egregious behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, but they can be awarded when the jury determines that the defendant's behavior was particularly indecent.

If your child sustained a birth injury due to the negligence of a health professional, you should to speak with an experienced Atlanta birth injury attorney immediately. The statute of limitations is the time limit by which you must file your birth injury claim. Your lawyer will be able to tell you the amount of time you have.