Birth Injury Lawsuits

If your child sustains an injury of a serious nature at birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury lawyers can help families seek compensation to pay for their long-term medical needs and loss of future earnings.

To build a strong argument, we must show that healthcare professionals failed to adhere to a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, and photos and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the best quality of care to their patients. This obligation is derived from the laws governing the healthcare industry and rules and regulations set by medical professionals' professional associations.

A doctor who fails to meet the standard of care may be held liable for injuries caused due to their negligence. However the successful claim for malpractice requires a thorough investigation as well as a strong case built on evidence that is credible, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases and know how to gather the necessary information quickly while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements that include: 1)) that the doctor owed a duty to follow the standard of care, 2) that the breach occurred,) the breach by the defendant directly caused the injuries, and four) damages were caused by the injuries. In order to establish each element, they must have an expert witness. They are medical professionals who have extensive experience in their field and knowledge of accepted practices. A competent birth injury lawyer has an extensive network of expert witnesses throughout the country who they can call on to testify in each case.

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

Often, the damage suffered by the child can be substantial. A caring Atlanta birth injury attorney can help families get the compensation they deserve for their losses and hardships. These losses can include medical expenses, lost income, lifelong treatment, mental anguish, and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their families receive the financial assistance they require to pay for their future medical needs. This includes enlisting financial and medical experts to estimate the current and future losses and develop a sound legal strategy to obtain the maximum amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from the relationship between two parties, for example, the expectation that you pay taxes or a promise not to steal. If a medical professional owes you a duty, they must take reasonable care to protect your best interests. In a medical malpractice case failing to meet this standard could be deemed negligence. This is the reason for birth injuries, which include cerebral palsy and other birth-related disabilities.

In order to prove medical malpractice, the plaintiff (in this case the mother of the child) must show that the healthcare professional was responsible for a high standard of care, and that they acted in breach of that duty in their negligence. The breach must also be connected to the injury sustained by the plaintiff and prove that the healthcare professional's actions or inaction deviated from what other medical professionals would have done under similar circumstances.

A doctor who fails to order an emergency C-section when both mother and child are in fetal distress is an example. This is the most common kind of medical malpractice that is alleged in a case of birth injury.

Another form of breach occurs when medical professionals act recklessly or exhibits poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In a lot of cases it is possible to avoid negligence by medical professionals who are aware of the dangers that could affect a newborn patient.

A successful medical malpractice claim can aid a family financially to recover from a serious birth injury. Compensation could cover medical expenses, ongoing therapy, assistive devices and other losses. Our atlanta birth injury lawsuit (pastelink.net writes) birth injury lawyers are ready to help victims receive the compensation they are entitled to. The damages you could receive will depend on the severity of your child's injuries and the impact they'll have on their lives in the future. Our attorneys will examine your case with care, collect the required evidence, and determine how much you are owed in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement cannot be agreed upon, we will prepare to go to trial. If you believe that the medical professional who treated your child was guilty of error, call us today to start your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider needs the presentation of a number of legal aspects. One of the most crucial elements is that the medical professional breached their duty to patients by not adhering to an acceptable standard of care in their specialty. Expert testimony is used to establish this aspect of a claim for medical malpractice. Atlanta birth injury attorneys will seek out the top experts in their field to construct a convincing case for their clients.

Causation is the next element in the medical malpractice case. This means that the negligent actions or the failure to act directly resulted in injuries to the patient. This is a crucial element and expert medical witnesses will be able to prove that the medical professional deviated from the accepted standards of care in their field, which in turn resulted in the victim suffering an injury.

In order to win a medical malpractice case, the plaintiff will also be required to prove that the injuries are legal under Georgia law. Compensation for medical malpractice could comprise both economic and other damages. Economic damages are typically awarded to cover costs such as rehabilitation costs, 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 to cover emotional suffering, distress and mental trauma due to the injury.

A experienced Atlanta birth injuries lawyer will examine the medical records to determine who is responsible for the injuries your child sustained and how they could have been prevented. Depending on the circumstances, other healthcare professionals or even the hospital itself could be accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a serious disability such as cerebral palsy or an injury to the spine that is serious. They can also get financial assistance to improve the quality of life their child and pay for future medical expenses. A lawyer will work diligently to examine your situation and file an effective claim against the responsible parties. They understand the science behind these injuries, the roles that doctors and hospital staff play in them, and how mistakes can impact the future of your family.

Damages

Medical errors can happen, no matter how well-intentioned the doctors may be. The consequences of medical mistakes can be devastating for families. The injuries could change their lives forever and leave them with a constant need for medical attention and other costs that will never go away. The damages awarded can help pay for these expenses and compensate them for their other losses.

A family may bring a lawsuit based on birth injuries to hold a healthcare professional accountable for their mistake and also to get financial compensation. The lawyer handling the case will collect all pertinent information, including medical records. Once they have this information they will file the lawsuit with the court, naming the hospital and the doctor as defendants. They will then request an agreement but there is no guarantee that they will accept one.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These damages are intended to compensate the family of a child for the emotional stress and trauma they suffered. They aren't easy to determine, but a skilled attorney could try to obtain an appropriate settlement for the child's as well as his or her parents loss.

There are also punitive damages which are designed to punish the person at fault for his or her egregious conduct and deter others from engaging in similar behavior. These damages are not common in medical malpractice cases, however they can be awarded when juries find that the defendant's conduct was especially egregious.

If you believe that your child has suffered injuries related to birth because of the carelessness or negligence of the healthcare professional it is essential to contact an Atlanta birth injury lawyer as quickly as you can. 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 the amount of time you have left.