Birth Injury Lawsuits

If your child is injured during birth because of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their long-term medical needs and future loss of earnings.

In order to build a convincing case, we must prove that healthcare providers did not ensure a high standard of care. We gather evidence through eyewitness testimonies, expert medical opinions, photos 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 regulate the healthcare industry, as well as the rules and regulations formulated by medical professionals' professional associations.

A doctor who fails to adhere to the standards of care can be held liable for injuries caused due to their negligence. However the successful claim for malpractice requires a thorough investigation and an argument that is based on evidence that is credible, such as medical documents and witness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the required information quickly, while evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements that include: 1)) that the doctor owed an obligation to adhere to the standard of care,) that a breach occurred, 3) the breach of the defendant directly caused the injuries and 4) damages were caused by the injuries. Establishing each element requires an expert witness. These experts are medical professionals with vast experience and expertise in their area of expertise. A qualified birth injury lawyer will have a nationwide network of expert witnesses they can call upon to testify.

It is not unusual for doctors with good intentions to make mistakes that harm the child. These errors can result in misdiagnosis or failure to detect fetal stress, medication errors, surgery errors, or failing to perform an urgent C-section.

The harm that a child suffers is often severe. A compassionate Atlanta birth injury attorney can help families get the compensation they deserve for their hardships and losses. These losses could include medical costs and income loss and the cost of long-term treatment and care in the form of pain and suffering and mental stress.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice and their family members get the financial assistance they require to pay for their future medical needs. This includes hiring financial and medical experts to estimate their current and future losses and devise a sound legal strategy for seeking the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from the relationship. For instance the obligation to pay taxes or not to steal. A medical professional who is bound by an obligation to you must act in your best interest. In a medical malpractice lawsuit the failure to adhere to this standard is referred to as negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice the plaintiff (in this instance, the mother of the child) must demonstrate that the healthcare professional was obligated to provide a high level of care, and that they violated this duty in their negligence. The breach must also be correlated to the injury sustained by the plaintiff, which requires establishing that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done in similar circumstances.

One example of this is the failure of a doctor to order an emergency C-section when the mother and baby are suffering from distress in the fetus. This is the most common kind of medical malpractice that is claimed in a birth injury case.

A healthcare professional may also be guilty of a breach if they act recklessly or show poor judgment. Examples of this include putting in the wrong medication or mishandling the procedure. In many instances it is possible to avoid negligence by medical professionals who are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help a family financially recover from a severe birth injury. Compensation can be used to cover medical expenses and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they need. The amount of damages you are entitled to will depend on the extent and impact of your child's injuries. Our lawyers will review your case with care, collect all the evidence needed, and determine how much you are due in damages. We will then work with you to negotiate an equitable settlement. If a settlement is not agreed upon, we will prepare for trial. If you believe the medical professional treating your child committed negligence, contact us today to begin your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you need to establish a number of legal elements. One of the most crucial elements is that a medical professional failed to meet a reasonable standard within their area of expertise. Expert testimony is used to establish this element of an action for medical malpractice. atlanta birth injury attorneys (click over here now) 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, which means that the negligent actions or failures to act directly led to an injury to the patient. 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 claim based on medical malpractice to be successful, the plaintiff must also show that their injuries are 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 pay for medical expenses, ongoing treatment, loss of quality of life, and loss of wages due time off work. Non-economic damages can be awarded to compensate for emotional distress, pain and suffering and mental trauma due to the injury.

A experienced Atlanta birth injury lawyer will examine the medical documents to determine who was responsible for the injuries your child sustained and will examine how these errors could have been avoided. Depending on the circumstances the hospital or other healthcare professionals could be accountable for the negligence.

If a child of a parent is born with a severe condition such as cerebral palsy or a serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury attorney can assist them in obtaining financial assistance to improve the quality of their child's life and to cover future medical requirements. A lawyer will work diligently to investigate your situation and make an argument that is persuasive against the parties responsible. They are aware of the science behind these types of injuries, the roles hospital staff and doctors play in them and how the consequences of a mishap can 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. Their lives may be forever changed by the injuries, and they will require medical attention. The compensation awarded could aid in the payment of these expenses and help them recover for other losses.

A family could bring a birth injury lawsuit to ensure that the healthcare professional is held accountable for the error and to recover the financial compensation. The attorney handling the case will collect all pertinent information including medical records. Once they have gathered all the information and have it all, they will bring a lawsuit to court with the hospital and the doctor as defendants. They will then ask for a settlement, but there is no guarantee they will accept one.

A family may be awarded damages for pain and suffering, or non-economic damages, in addition to economic damages. These are intended to compensate for the emotional trauma and suffering that the child and family suffered. Settlements aren't easy to calculate, however a savvy lawyer could try to get an equitable settlement to compensate the child and his or parents for the losses they suffered.

There are also punitive damages that are intended to punish the party at fault for their egregious behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they are awarded when a jury finds that the defendant's actions were particularly indecent.

If your child has suffered an injury to their birth due to the negligence of a health care professional, you should to consult a specialized Atlanta birth injury attorney as soon as you can. The statute of limitations is the time limit by which you must file your claim for birth injury. Your lawyer can tell you how much time you have left.