Birth Injury Lawsuits

If your child suffers an injury at birth as a result of negligence by a medical professional It can have lasting consequences. Our Atlanta birth injury lawyers assist families seek compensation to pay for their long-term medical needs and lost future earnings.

To make a convincing argument, we must show that healthcare professionals failed to adhere to the highest standards of care. We gather evidence using eyewitness testimonies, expert medical opinions, photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the best quality of care to their patients. This obligation stems from the laws that govern the healthcare industry, as well as the rules and regulations established by medical 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, a successful malpractice claim requires a thorough investigation as well as an argument that is based on evidence that is credible, such as medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the necessary details quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four things: 1) that the doctor owed obligation to observe the standard of care,) that a breach occurred, 3) the defendant breach directly triggered injuries and 4) damages were caused by the injuries. Establishing each element requires an expert witness. They are medical professionals with extensive experience and know-how in their area of expertise. A competent birth injury lawyer will have a nationwide network of expert witnesses they can call to testify.

Although most birth injuries result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes that harm a child. These mistakes could include misdiagnosis, failure to detect fetal distress, medication errors surgical errors, the inability to perform an emergency C section when necessary.

The damage caused by the child can be severe. A caring atlanta birth injury lawsuit birth injury lawyer can assist these families get the compensation they deserve for all of their losses and hardships. These losses could include medical expenses and income loss and the cost of long-term medical and treatment in the form of pain and suffering and mental anguish.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial aid they require to cover their future medical expenses. This includes bringing in medical and financial experts to assess their future and current losses and develop a sound legal strategy for seeking the maximum amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from an agreement, like the expectation that you pay taxes or not to take something from someone else. A medical professional who owes the obligation to you must act in your best interests. In a medical malpractice lawsuit, failing to meet this standard is referred to as negligence. This is what leads to 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 show that the healthcare professional was obligated to provide an exceptional standard of care, and that they violated the duty of care by acting negligently. The breach must be connected to the injury sustained, which means that the healthcare professional's actions or inactions should differ from what other doctors would have done in similar situations.

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

Healthcare professionals can also commit a breach when they are reckless or display poor judgment. Examples of this include putting in the wrong medication or ignoring a surgical procedure. In many cases, negligence is preventable when medical professionals are aware of the risks that can affect a birthing patient.

A successful medical malpractice claim can help families financially recover from a severe birth injury. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and other losses. Our atlanta birth injury lawsuit birth injury lawyers are ready to assist victims in obtaining the compensation they are entitled to. The amount of damages you may be entitled to depends on the severity and impact of your child's injury. Our lawyers will carefully review your case, gather the necessary evidence, and determine the amount of damages you are entitled to. We will then negotiate a fair settlement with you. If a settlement is not reached we will prepare for trial. Contact us today if suspect your child's physician was negligent.

Causation

To bring a lawsuit against a healthcare professional over a birth injury, you need to demonstrate a variety of legal aspects. One of the most important elements is that the medical professional breached their obligation to patients by not adhering to a reasonable standard of care in their specialty. Expert testimony is used to establish the basis of a claim for medical malpractice. Atlanta birth injury attorneys will seek out the top experts in their field to construct an argument that is convincing for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent actions, or failures to act, directly led to the victim suffering an injury. This is an essential element and expert medical witnesses can be able to prove that the medical professional was deviating from the accepted standards of medical practice in their area, which caused the victim to suffer an injury.

In order to win a medical malpractice case the plaintiff will be required to prove that the injuries are compensable under Georgia law. Compensation for medical malpractice may comprise both economic and other damages. Economic damages are typically awarded to cover expenses like 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 are awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.

A competent Atlanta birth injuries lawyer will review the medical records to determine who is responsible for the injuries suffered by your child and the ways they could have been avoided. Based on the circumstances, other healthcare professionals or even the hospital itself may be accountable for the malpractice committed by the doctor.

A dedicated Atlanta birth injury lawyer can help parents whose children are born with a severe disability like cerebral palsy, or a serious spinal injury. They can also obtain financial assistance to improve the quality of life of their child and to provide future medical expenses. A lawyer will investigate your case and file a strong claim against the accountable parties. They understand the scientific basis for these injuries, the roles that doctors and hospital staff plays in their care, and how a mistake could affect the future of your family.

Damages

Whatever the best intentions of doctors are, medical errors occur. When they do, the results can be devastating to families. The injuries can alter their lives forever, leaving them with a constant need for medical attention and other expenses that will never end. The damages that are awarded will help them pay for those expenses and pay for other losses.

A family could bring a birth injury lawsuit to ensure that the healthcare professional is held accountable for their error and to recover the financial compensation. The lawyer handling the case will collect all pertinent information, including medical records. Once they have collected all the relevant information they will bring a lawsuit to court with the hospital and the doctor as defendants. After this, they will seek a settlement amount, though there is no guarantee that they will accept one.

In addition to the economic damages, a family may be awarded non-economic or pain and suffering damages. These damages are designed to compensate a child's family for the emotional distress and trauma they endured. Settlements aren't easy to calculate, however a savvy lawyer can try to negotiate an appropriate settlement that compensates the child and his or parents for the losses they suffered.

Punitive damages are designed to punish the party at fault for their egregious behavior and discourage others from engaging in similar conduct. They are not common in medical malpractice cases but may be awarded if a jury finds that the defendant's actions were reckless or inexplicably reckless.

If you believe that your child has suffered an injury related to birth due to the carelessness or negligence of medical professionals it is essential to contact an Atlanta birth injury lawyer as quickly as possible. There is a strict deadline known as the statute of limitations within which you can submit a birth injury claim and the attorney who handles these types of claims would be competent to tell you how long you have left.