Birth Injury Lawsuits

If your child suffers an injury during birth because of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawyers help families recover compensation for their long-term medical bills and lost future income.

To make a convincing case, we must prove that healthcare professionals did not maintain the highest standards of medical care. We gather evidence by using eyewitness accounts, medical experts' opinions, photos and videos.

Duty of Care

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

A physician who fails to adhere to the standards of care can be held liable for injuries caused by their negligence. However an effective malpractice claim requires a thorough investigation as well as a strong case built on credible evidence, including medical documents and witness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and knows how to quickly gather information and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements that include: 1)) that the doctor had obligation to observe the standard of care, 2)) that there was a breach, 3) the breach by 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 extensive experience and atlanta Birth injury lawsuit know-how in their area of expertise. A competent birth injury lawyer will have a nationwide network of expert witnesses that they can call upon to provide evidence.

Although the majority of birth injuries are the result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and hurt children. These errors can include mistakes in diagnosis, failure to recognize fetal distress, medication errors, surgical errors, or the failure to perform an emergency C section when needed.

The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they are entitled to for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish, and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping the victims of medical malpractice and their families receive the financial assistance they require to cover their future medical needs. This includes bringing in medical and financial experts to calculate current and future losses, and develop a legal strategy to pursue the maximum amount of compensation.

Breach of Duty

A duty is an obligation that arises from an existing relationship. For instance, a duty to pay taxes or not to steal. 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 is referred to as negligence. This is the reason for birth injuries, such as cerebral palsy and other birth-related disabilities.

In order to prove medical malpractice, the plaintiff (in this case, the mother of the child) must demonstrate that the healthcare professional owed her the highest level of care, and that they violated that duty by committing negligence. The breach must also be correlated to the injury suffered by the plaintiff and prove that the healthcare professional's actions or lack of action differed from what other medical professionals would have done in similar circumstances.

A good example of this is the doctor who does not order an emergency C-section when the mother and baby are in distress in the fetus. This is the most common kind of medical malpractice that is claimed in a birth injury lawsuit.

Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples of this include administering the wrong medication or not properly handling the procedure. In many cases the risk of negligence is avoided when medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help families financially recover from a severe birth injury. Compensation can cover medical costs, ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are available to assist victims get the compensation they deserve. The amount of compensation you could be entitled to will depend on the severity and impact of the injury to your child. Our lawyers will analyze your case in detail, gather the evidence required and determine the amount you are owed in damages. We will then negotiate a fair settlement with you. If no settlement is agreed upon, we will prepare for trial. Contact us today if believe your child's doctor was negligent.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you must demonstrate a variety of legal aspects. One of the most important elements is that the medical professional violated their obligation to patients by not adhering to an acceptable standard of care in their area of expertise. This element of a medical malpractice case is established by expert testimony. atlanta birth injury attorneys birth injury lawyers employ top experts in their field to create a compelling case for their clients.

The next element of a medical malpractice claim is causation. This means that the negligent act or inactions caused injury to the patient. It 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 care in their area, which caused the victim to suffer an injury.

In order to win an action for medical malpractice, the plaintiff will also have to prove that their injuries are legal under Georgia law. Compensation for medical malpractice may include both 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 to time off 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 Lawsuit birth injuries lawyer will examine the medical records to determine who is responsible for your child’s injuries and how they could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals could be responsible for the malpractice.

If a child of a parent is born with a serious condition, such as cerebral palsy, serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury lawyer can help them get financial support to improve the quality of their child's life and help with future medical requirements. An attorney will look into your case and file an effective claim against the accountable parties. They understand 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

Whatever the best intentions of doctors are, medical mistakes occur. When they do, the results can be devastating for families. Their lives can be forever altered due to the injuries, and they will always need medical care. The compensation awarded could assist in paying for these costs and also compensate them for other losses.

A family may file a lawsuit for birth injuries to hold a healthcare professional accountable for their error and to recover financial compensation. The attorney handling the case will collect all relevant information including medical records. After they have gathered all the relevant information, they will file a lawsuit in court and name both the hospital and the doctor as defendants. They can then ask for a settlement but there is no guarantee they will accept one.

A family could 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 can be difficult to calculate but a savvy lawyer can try to negotiate an equitable settlement for the child's as well as his or her parents the losses.

There are also punitive damages, that are intended to punish the at-fault party for his or her egregious conduct and deter others from engaging in similar actions. These are uncommon in medical malpractice cases but could be awarded if the jury is convinced that the defendant's actions were reckless or egregious.

If you believe that your child has suffered an injury related to birth due to the inattention or negligence of the healthcare professional It is crucial to contact an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the time limit by which you must file your birth injury claim. Your lawyer will be able tell you how long you still have.