Birth Injury Lawsuits

If your child suffers an injury during birth as a result of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their medical expenses for the long term and future loss of earnings.

To build a strong case we must demonstrate that healthcare providers did not ensure a high standard of care. We gather evidence by using eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

OB-GYN doctors and medical personnel have a duty to offer patients the highest level of medical care. This obligation is derived from the laws that govern the healthcare industry and rules and regulations set by medical professionals' professional associations.

A doctor can be held accountable for injuries caused by negligence if they fail to meet the standards. A successful malpractice claim will require a thorough investigation, as well as a strong case based on evidence that is credible such as medical records and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases, and they know how to gather the necessary information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1.) the doctor's duty to follow the standard of care; 2) the breach of the duty occurred; 3) the breach by the defendant directly caused the injury and 4) the injury caused damages. Establishing each element requires an expert witness. They are medical professionals who have vast experience and expertise in their area of expertise. A competent birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to provide evidence.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to a child. These mistakes could include mistakes in diagnosis or failure to recognize the presence of fetal stress and medication errors, surgical errors, Atlanta birth injury attorneys or failure to perform a C-section in a hurry.

The harm suffered by the child can be substantial. A caring Atlanta birth injury lawyer can help these families receive the compensation that they are entitled to for all their troubles and losses. These losses can include medical expenses loss of income, permanent treatment, mental anguish, and suffering and pain.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice and their families receive the financial assistance they require to cover their future medical needs. This includes hiring financial and medical experts to assess future and current losses and to develop a legal plan to obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation that is borne out of an existing relationship. For instance, a duty to pay taxes or not rob. A medical professional who owes an obligation to you must act in your best interest. In the event of a medical malpractice lawsuit, failure to meet this standard is referred to as negligence. This is what leads to birth injuries, such as 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 owed them a high duty of care, and that the healthcare professional breached the duty of care by committing a negligent act. The breach has to be tied to the injury suffered, which means that the healthcare professional's actions or inactions have to have been different from what other doctors would have done in similar circumstances.

One example of this is a doctor who fails to call for an emergency C-section even though the mother and Atlanta Birth Injury Attorneys baby are in fetal distress. This is the most typical kind of medical malpractice that is claimed in a birth injury case.

A healthcare professional can also commit a breach when they act recklessly or show poor judgment. This can include administering incorrect medication or handling surgical procedures in a way that is not safe. In many instances it is possible to avoid negligence when medical professionals are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical costs, ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of compensation you could be entitled to depends on the severity and impact of your child's injuries. Our attorneys will thoroughly review your case, collect the relevant evidence, and determine what damages you are owed. We will then negotiate an acceptable settlement with you. If a settlement is not reached then we will prepare for trial. If you believe that the medical professional treating your child committed negligence, please contact us now to get started on your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you need to demonstrate a variety of legal aspects. One of the most crucial elements is that a medical professional did not to meet a reasonable standard within their area of expertise. Expert testimony is used to establish this aspect of a claim for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to build a convincing case for their clients.

Causation is the second element in the medical malpractice case. This implies that the negligent acts, or failures to act directly resulted in the victim suffering an injury. This is a crucial element and expert medical witnesses will provide evidence that the medical professional acted in a manner that was different from the accepted standards of medical practice in their field, which caused the victim to suffer an injury.

In order for a medical malpractice claim 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 awarded to cover medical expenses, ongoing treatment, loss of quality of life and lost wages due time off work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A skilled Atlanta birth injuries lawyer will scrutinize the medical records in order to determine who is accountable for the injuries suffered by your child and the ways they could have been avoided. Depending on the circumstances the other healthcare professionals or even the hospital itself may be liable for the malpractice committed by the doctor.

When a person's child is born with a severe condition such as cerebral palsy, serious spinal cord injury or other mental or physical disabilities, an experienced atlanta birth injury attorneys birth injury lawyer can help them obtain financial support to improve the quality of their child's life and to cover future medical requirements. An attorney will be diligent to analyze your situation and bring a compelling claim against the accountable parties. They are aware of the science behind these kinds of injuries, the roles that doctors and hospital staff have in them, and the consequences of a mishap can impact your family's future.

Damages

No matter how well-intentioned doctors are, medical errors occur. The consequences of medical errors can be devastating for families. The injuries could alter their lives for the rest of their lives leaving them with an ongoing need for medical attention and other costs that will never cease. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

A family could file a birth injury lawsuit to ensure that the healthcare professional is held accountable for his or her mistake and seek the financial compensation. The lawyer handling the case will first collect all relevant information including medical records. Once they have collected all the relevant information they will bring a lawsuit to court with the hospital and the doctor as defendants. Following this, they will seek an amount for a settlement, but there is no guarantee they will agree to one.

In addition to the economic damages, a family may be awarded non-economic or pain and suffering damages. These are meant to compensate for the emotional trauma and distress that a child and his or her family endured. They can be difficult to calculate but a savvy lawyer can try to negotiate an equitable settlement for the child's and his or her parents loss.

Punitive damages are meant to punish the party who was at fault for their insidious behaviour and deter others from engaging in similar behavior. These damages are rare in medical malpractice cases, but they are awarded when a jury finds that the defendant's conduct was particularly egregious.

If your child suffered an injury to their birth due to the negligence of a health care professional, you might want to consult a specialized Atlanta birth injury attorney as soon as possible. There is a specific deadline, known as the statute of limitations, within which you have to make a claim for birth injuries, and the lawyer who works on these types of claims would be able to advise you on the timeframe you have left.