Birth Injury Lawsuits

If your child is injured during birth because of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers can help families seek compensation to pay for their long-term medical needs and loss of future earnings.

In order to build a convincing case, we must show that healthcare providers failed to maintain a high level of care. We gather evidence from eyewitness testimony as well as expert medical opinions and photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the best standard of care for their patients. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations set by medical professional associations.

A physician who fails to adhere to the standards of care can be held liable for any injuries caused by their negligence. However, a successful malpractice claim requires a thorough investigation as well as a solid case based on credible evidence, including medical records and witness testimony. An Atlanta birth injury lawyer has experience investigating these cases and know how to gather the required details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the duty of a doctor to follow the standards of care; two) the breach of that duty occurred; 3) the defendant's breach directly caused the injury and four) the injury caused damages. Establishing each element requires an expert witness. They are medical professionals with extensive experience and knowledge in their area of expertise. A skilled birth injury attorney will have an extensive network of expert witnesses across the nation who they can call on to testify in each case.

Although most birth injury atlanta injuries are the result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes and harm the child. These errors can result in mistakes in diagnosis or failure to recognize the presence of fetal stress and medication errors, surgical errors, or failing to perform an urgent C-section.

The damage that the child suffers can be devastating. A compassionate Atlanta birth injury lawyer can assist these families receive the compensation they deserve for all their losses and hardships. These losses can include medical expenses as well as lost income, lifelong treatment, mental anxiety, and suffering and pain.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial assistance they require to cover their future medical expenses. This includes enlisting medical and financial experts to estimate their future and current losses and create a solid legal strategy for seeking maximum compensation.

Breach of Duty

A duty is a legal obligation that is borne out of an existing relationship. For example the obligation to pay taxes or not rob. If a medical professional owes you a duty, they must exercise reasonable care in your best interests. In a medical malpractice case, failing to meet this standard is referred to as negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must prove that the healthcare provider owed them a high duty of care and that the healthcare professional violated this duty by acting negligently. The breach has to be tied to the injury suffered, which means that the healthcare professional’s actions or inactions must differ from what other doctors would have done in similar situations.

A doctor who fails order an emergency C section when both mother and child are in fetal distress is one example. This is the most common kind of medical malpractice that is claimed in a case of birth injury.

A healthcare professional can also be in breach if they make rash decisions or exhibit poor judgment. This could be due to administering incorrect medication or mishandling surgical procedures. In a lot of cases medical professionals can avoid mistakes by being aware of the risks that could be posed to pregnant women.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they are entitled to. The amount you may be entitled to is contingent upon the severity and the impact of the injury to your child. Our lawyers will review your case in detail, gather all the evidence needed and determine the amount you are entitled to in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement cannot be reached, we will prepare for trial. If you believe the medical professional who treated your child was guilty of 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 must prove several legal elements. One of the most crucial elements is that the medical professional breached their duty to patients by not adhering to a reasonable standard of care within their area 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 develop 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 failures to act directly caused injuries to the patient. This is a crucial aspect and medical experts can provide evidence that the medical professional strayed from the accepted norms in their field that resulted in the victim being injured.

In order 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 damages may include both economic and non-economic damages. Economic damages are usually awarded to cover expenses such as rehabilitation, medical expenses, ongoing treatment loss of quality of life, and lost wages resulting from taking off from work. Non-economic damages may be awarded for emotional distress, pain and discomfort, and mental anguish resulting from the injury.

A experienced Atlanta birth injury lawyer will review the medical documents to determine who was responsible for your child's injuries, and they will look into how these mistakes could have been prevented. Depending on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be liable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can aid parents who have a child born with a severe disability like cerebral palsy or severe spinal injuries. They can also get financial assistance to improve the quality of life for their child and to provide for future medical expenses. A lawyer will investigate your case and file a strong claim against the parties responsible. They know the science behind these injuries, the role doctors and hospital staff plays in these accidents, and how errors could affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical mistakes occur. The consequences of mistakes made by medical professionals can be devastating for families. The injuries could change their lives forever leaving them with a constant need for medical care and other costs that will never end. The damages awarded can assist in paying for these costs and help them recover for other losses.

A family may file a lawsuit for birth injury atlanta injuries to hold a medical professional accountable for their negligence and also to get financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have all this information, they will file the lawsuit with the court including the hospital and doctor as defendants. They will then request a settlement but there is no guarantee they will accept one.

A family may also be awarded damages for pain and suffering or non-economic damages in addition economic damages. These damages are designed to compensate the family of a child for the emotional stress and trauma they suffered. These settlements can be difficult to calculate but a skilled lawyer can try to negotiate an equitable settlement to compensate the child and his or parents for their losses.

Punitive damages are designed to penalize the party responsible for their reckless behaviour and deter others from engaging in similar behaviour. They are not common in medical malpractice cases, however they could be awarded if the jury is convinced that the defendant's actions were particularly egregious or reckless.

If you suspect that your child has suffered injuries related to birth because of the inattention or negligence of the healthcare professional, it is important to speak with an Atlanta birth injury lawyer as soon as possible. The statute of limitations is the deadline for filing your claim for birth injury. Your lawyer will be able to tell you the amount of time you have left.