Birth Injury Lawsuits

When your child suffers an injury that is serious in the birth due to medical negligence, the repercussions could last for a lifetime. Our Atlanta birth injury attorneys help families obtain compensation for long-term medical costs and lost future income.

To establish a convincing case, we must prove that healthcare professionals failed to adhere to the highest standards of medical care. We gather evidence through eyewitness testimony, expert medical opinions, and photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the best 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 standard 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 strong case built on credible evidence, including medical documents and witness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to quickly collect information while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to prove four elements that include: 1)) that the doctor owed a duty to follow the standard of care, 2)) that a breach occurred, 3) the breach of the defendant directly caused the injuries and four) damages were triggered by the injuries. Each element must be determined by an expert witness. These experts are medical professionals with extensive experience and know-how in their area of expertise. A skilled birth injury attorney has an extensive network of expert witnesses throughout the country who they can rely on to testify in each case.

Although the majority of birth injuries result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes that harm a child. These errors can include misdiagnosis, failure to detect the presence of fetal distress, medication mistakes or surgical mistakes, or the failure to perform an emergency C section when necessary.

The damage caused by the child could be significant. A compassionate Atlanta birth injury lawyer can help families receive the compensation they deserve for all of their difficulties and losses. These losses could include medical expenses, lost income, lifelong treatment, mental anguish, and suffering and pain.

The attorneys at Grant Law Office are dedicated to helping victims of medical malpractice as well as their families receive the financial support they need to cover their future medical expenses. This includes enlisting experts in the field of medicine and finance to calculate their future and current losses and develop a sound legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is an obligation that is borne out of a relationship. For example the obligation to pay taxes or not to steal. A medical professional who owes a duty to you must act in your best interests. In a medical malpractice case the failure to adhere to this standard is referred to as negligence. This is what leads to birth injury atlanta injuries, which include cerebral palsy, as well as other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must demonstrate that the healthcare provider was obligated to them with a high standard of care, and that the healthcare professional violated this duty by acting negligently. The breach must also be linked to the injuries sustained by the plaintiff and prove that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.

A good example of this is the doctor who does not call for an emergency C-section even though the mother and baby are suffering from fetal distress. This is the most frequent kind of medical malpractice alleged in birth injuries.

A healthcare professional can also be guilty of a breach if they are reckless or display 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 avoid mistakes by being aware of the potential risks for pregnant women.

A successful medical malpractice case can aid a family financially to recover from a severe birth injury. Compensation could cover medical expenses, ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The amount of compensation you are entitled to depends on the severity and the impact of your child's injury. Our attorneys will thoroughly review your case, gather necessary evidence, and determine what damages you are entitled to. We will then negotiate an acceptable settlement with you. If a settlement is not reached we will prepare for trial. If you believe the medical professional who treated your child was guilty of error, call us today to get started on your birth injury claim.

Causation

A birth injury lawsuit against a healthcare professional requires the proof of several legal elements. One of the most important elements is that the medical professional violated their duty to patients by not adhering to a reasonable standard of care in their field of expertise. Expert evidence is used to prove this aspect of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to construct a convincing case for their clients.

The second aspect of a medical malpractice case is causation. This means that the negligence or failures to act directly caused injury to the patient. It is a crucial aspect and expert medical witnesses will be able to prove that the medical professional deviated from the accepted standards of medical practice in their area, which resulted in the victim suffering an injury.

In order for a medical malpractice claim to succeed the plaintiff must prove that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life and lost earnings due to time off from work. Non-economic damages are awarded for emotional distress, pain and discomfort, and mental apprehension resulting from the injury.

A skilled Atlanta birth injury lawyer will review the medical records to determine who is accountable for your child's injuries, and they will examine how these errors could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals may be accountable for the error.

A dedicated Atlanta birth injury lawyer can assist parents of children born with a disability that is severe like cerebral palsy or severe spinal injuries. They can also seek financial aid to improve the quality of life for their child and pay future medical expenses. A lawyer will diligently to examine your situation and make an argument that is persuasive against the parties responsible. They are aware of the research behind these injuries, the role doctors and hospital staff plays in these accidents, and how errors can affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical errors occur. When they do, the results could be devastating for families. Their lives can be forever changed due to 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 can start a lawsuit for birth injuries to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer handling the case will first collect all relevant information including medical records. Once they have all the information, they will file the lawsuit with the court, naming the hospital and doctor as defendants. After this, they will seek an amount of settlement, although there is no guarantee that they will accept one.

A family may also 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 suffering that the child and his or family members endured. Settlements aren't easy to calculate, but a knowledgeable lawyer could try to get an equitable settlement to compensate the child and his or parents for the losses they suffered.

Punitive damages are meant to punish the person at fault for their egregious behaviour and deter others from engaging in similar behavior. 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 you suspect that your child has suffered an injury related to birth due to the negligence or carelessness of a healthcare professional it is essential to speak with an Atlanta birth injury lawyer as soon as possible. There is a time limit, known as the statute of limitations within which you can file a birth injury claim and the attorney who handles these kinds of claims would be in a position to inform you of the timeframe you have left.