Birth Injury Lawsuits

If your child suffers an injury during birth as a result of negligence by a medical professional it could have long-lasting consequences. Our Atlanta birth injury lawyers help families obtain compensation for long-term medical expenses and loss of future income.

To make a convincing case, we must prove that healthcare professionals did not maintain a high standard of care. We gather evidence by using eyewitness testimony, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest quality of care to their patients. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations formulated by medical professionals' professional organizations.

A doctor could be held responsible for injuries caused by negligence if they fail meet the standards. However an effective malpractice claim requires a thorough investigation as well as a strong case built on solid evidence, such as medical documents and witness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to gather information quickly while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements: 1) that the doctor owed a duty to follow the standard of care, 2)) that there was a breach, 3) the breach of the defendant directly caused the injuries, and 4) damages were triggered by the injuries. Establishing each element requires an expert witness. They are medical professionals who have vast experience and expertise in their area of expertise. A qualified birth injury attorney has experts across the country that they can rely on to testify in any case.

Although most birth injuries result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes and harm the child. These mistakes could include mistakes in diagnosis, failure to recognize fetal distress, medication errors, surgical errors, or the failure to perform an emergency C-section if necessary.

Often, the damage suffered by the child could be substantial. A compassionate Atlanta birth injury attorney 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, Atlanta Birth Injury Attorneys and suffering and suffering.

Grant Law Office is dedicated to helping those affected by medical malpractice, and their families, receive the financial aid they require to cover their medical bills in the future. This includes hiring financial and medical experts to estimate the current and future losses and develop a sound legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from a relationship, such as the expectation that you pay your taxes or a duty not to take something from someone else. A medical professional who has a duty to you must act in your best interest. In a medical malpractice lawsuit, failing to meet this standard is referred to as negligence. Birth injuries, such as cerebral palsy and birth injury atlanta-related disabilities, are caused by this.

In order to prove medical malpractice the plaintiff (in this case, the mother of the child) must prove that the healthcare professional was obligated to provide a high level of care, and that they violated that duty in their negligence. The breach must be connected to the injury sustained by the healthcare professional’s actions or inactions have to be different from what other doctors would have done in similar situations.

One example is the doctor who does not call for an emergency C-section even though the mother and baby are in distress in the fetus. This is the most common kind of medical malpractice that is alleged in a birth injury lawsuit.

A healthcare professional may also commit a breach when they act recklessly or show poor judgment. Examples of this include administering the wrong medication or ignoring the procedure. In many cases, medical professionals can prevent mistakes by being aware of the potential risks for pregnant women.

A successful medical malpractice case can help a family financially recover from a severe birth injury. Compensation can cover medical costs, ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury lawyers are available to assist victims receive the compensation they need. The amount of damages you could be entitled to will depend on the extent and impact of your child's injuries. Our lawyers will analyze your case carefully, gather all the evidence needed and determine the amount you are entitled to in damages. We will then assist you in negotiating an acceptable settlement. If a settlement isn't reached, we will prepare for trial. If you believe that the medical professional who treated your child was guilty of error, call us today to get started on your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider requires proving several legal elements. One of the most important elements is that the 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 construct a convincing case for their clients.

The next element of a claim for medical malpractice is causation. This means that the negligent actions or failures to act directly led to an injury to the patient. This is an essential element and expert medical witnesses will provide evidence that the medical professional was deviating from the accepted standards of care in their area, which caused the victim to suffer an injury.

For a medical malpractice claim to be successful the plaintiff must demonstrate that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss of quality of life, Atlanta birth injury attorneys as well as lost wages due to time off work. Non-economic damages may be awarded to compensate for emotional distress, pain and suffering and mental stress due to the injury.

A experienced Atlanta birth injuries lawyer will examine the medical records in order to determine who is responsible for the injuries your child sustained and what could have been done to prevent them from being avoided. Based on the circumstances the hospital or other healthcare professionals may be accountable for the error.

A dedicated Atlanta birth injury lawyer can help parents of children born with a serious disability like cerebral palsy or severe spinal injuries. They can also get financial aid to improve the quality of life of their child as well as to pay future medical expenses. A lawyer will diligently to investigate your situation and file an effective claim against the parties responsible. They are aware of the scientific basis for these injuries, the role doctors and hospital staff plays in them, and how mistakes could affect the future of your family.

Damages

Medical errors can happen regardless of how well-intentioned the doctors are. If they do, the results could be devastating for families. The injuries may alter their lives for the rest of their lives and leave them with a constant need for medical attention and other expenses that will never go away. The compensation they receive will help them pay for these expenses as well as help them recover from other losses.

A family may start a lawsuit for birth 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 collected all the information they will file a lawsuit in court and name both the hospital and the doctor as defendants. Following this, they will ask for a settlement amount, though there is no guarantee they will accept one.

A family could also be awarded pain and suffering damages or non-economic damages, in addition to economic damages. These are a way to compensate for the emotional trauma and suffering that the child and her family endured. These aren't easy to determine but a savvy lawyer could seek an appropriate settlement for the child's as well as his or her parents loss.

Punitive damages are intended to penalize the party at fault for their egregious behavior and deter others from engaging in similar behavior. These are uncommon in medical malpractice cases but may be awarded if a jury finds that the defendant's actions were particularly reckless or inexplicably reckless.

If your child has suffered an injury to their birth due to the negligence of a health professional, you might want to speak with an experienced Atlanta birth injury lawyer as soon as possible. There is a strict deadline, known as the statute of limitations, within which you must file a birth injury claim and the lawyer who handles these types of claims is able to advise you on how much time you have left.