Birth Injury Lawsuits

If your child suffers an injury of a serious nature at birth due to medical negligence, the repercussions could last for a lifetime. Our Atlanta birth injury lawyers help families obtain compensation to cover their long-term medical needs and lost future earnings.

To establish a convincing case, we must prove that healthcare professionals did not adhere to the highest standards of care. We gather evidence through eyewitness accounts, medical experts' opinions, photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the highest quality of care to their patients. This obligation stems from laws that govern the healthcare industry and the rules and regulations imposed by medical professionals professional organizations.

A doctor can be held responsible for the harm caused by negligence if they fail meet the standard. However an effective malpractice claim requires a thorough investigation and a strong case built on credible evidence, including medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather all the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the doctor's duty to adhere to the standard of care; 2)) a breach of the duty occurred; 3) the breach of the defendant directly caused the injury; and four) the injury caused damages. Each element must be established by an expert witness. These experts are medical professionals with extensive knowledge of their field and familiarity with accepted practices. A competent birth injury lawyer will have a nationwide network of expert witnesses that they can call upon to testify.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to the child. These errors could be due to misdiagnosis, failure to detect the signs of distress in the fetus, medication errors or surgical mistakes, or the inability to perform an emergency C-section if necessary.

The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help families get the compensation they deserve for their hardships and losses. These losses could include medical costs as well as loss of income as well as the cost of ongoing medical and treatment as well as pain and suffering and mental anguish.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, obtain the financial support they need to pay their medical bills in the future. This includes enlisting experts in the field of medicine and finance to estimate their current and future losses and devise a sound legal strategy to obtain the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from the relationship between two parties, for example, an expectation that you pay taxes or a promise not to take something from someone else. If a medical professional is obligated to you an obligation, they must use reasonable care to safeguard your best interests. In a medical malpractice case failing to meet this standard could be deemed negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, a plaintiff (in this case the mother of the child) must show 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 be connected to the injury sustained, which means that the healthcare professional's actions or inactions must be different from what other doctors would have done in similar situations.

A doctor who refuses to request an emergency C section when both mother and child are in fetal distress is one instance. This is the most typical kind of medical malpractice that is alleged in a birth injury lawsuit.

Another kind of breach occurs when healthcare professionals are reckless or exhibits poor judgment. Examples include giving the wrong medication or ignoring a surgical procedure. In many cases it is possible to avoid negligence by medical professionals who are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can help a family financially recover from a serious birth injury. Compensation could cover the cost of medical treatment, ongoing therapy, assistive devices and other losses. Our atlanta birth injury lawsuit birth injury attorneys are prepared to assist victims get the compensation they deserve. The amount you are entitled to will depend on the severity and the impact of your child's injuries. Our lawyers will analyze your case carefully, gather the evidence required, and determine how much you are entitled to in damages. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached we will prepare for trial. Contact us today if you suspect your child's physician did not follow through.

Causation

A birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most crucial elements is that the medical professional failed to meet a reasonable standard in their area of expertise. This element of a medical malpractice claim is proven through expert testimony, and Atlanta birth injury lawyers will seek out top experts in their field to build a strong case for their clients.

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

For a medical malpractice claim to succeed, the plaintiff must also show that their injuries are legal under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are typically awarded to cover expenses such as rehabilitation, medical expenses and ongoing treatment loss of quality of life, and lost earnings due to having to take off from work. Non-economic damages may be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A competent Atlanta birth injury lawyer will examine the medical records to determine who is accountable for the injuries suffered by your child and how they could have been avoided. Depending on your circumstances the other healthcare professionals or even the hospital itself may be accountable for the medical malpractice.

When a person's child is born with a severe condition such as cerebral palsy, a serious spinal cord injury or other mental or physical disabilities, a dedicated atlanta birth injury lawsuit birth injury lawyer can assist them in obtaining financial support to improve the quality of their child's life and help with future medical needs. A lawyer will diligently to investigate your situation and file an effective claim against the responsible parties. They know the science behind these injuries, the role that doctors and hospital staff plays in these accidents, and how errors can impact the future of your family.

Damages

Medical errors can occur regardless of how careful the medical professionals may be. When they do, the results could be devastating for families. Their lives may be forever changed by the injuries, and they will continue to require medical attention. The damages awarded can 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 make the healthcare professional accountable for their error and to seek financial compensation. The lawyer handling the case will collect all pertinent information including medical records. Once they have all this information they will file the lawsuit with the court including the hospital and the doctor as defendants. Following this, they will request an amount of settlement, although there is no guarantee that they will agree to a settlement.

In addition to economic damages, a family may be awarded non-economic, pain and suffering damages. These damages are designed to compensate a child's family for the emotional stress and trauma they suffered. These settlements can be difficult to calculate, but a knowledgeable lawyer could try to get an equitable settlement to compensate the child and/or parents for their losses.

Punitive damages are meant to punish the party responsible for their reckless behaviour and deter others from engaging in similar behaviour. These damages are not common in medical malpractice cases, however they can be awarded when juries find that the defendant's conduct was particularly egregious.

If your child sustained an injury to their birth because of the negligence of a health care professional, you should to contact a dedicated Atlanta birth injury attorney as soon as possible. The statute of limitations is the time limit by which you must file your claim for birth injury. Your lawyer will be able tell you how long you have left.