Birth Injury Lawsuits

If your child is injured at birth as a result of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers assist families recover compensation to cover their medical expenses for the long term and future loss of earnings.

To build a strong case, we must demonstrate that healthcare professionals failed to uphold the highest standards of medical care. We gather evidence through eyewitness testimony as well as expert medical opinions and photos and videos.

Duty of Care

OB-GYN doctors and medical personnel have a duty to provide patients with the standard of medical care. This obligation is derived from the laws that govern the healthcare industry, as well as the rules and regulations established by medical professional associations.

A doctor can be held accountable for injuries caused by negligence if they fail meet the standards. However, a successful malpractice claim requires a thorough investigation and a strong case built on evidence that is credible, such as medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is familiar with the investigation of these cases and knows how to quickly collect information and efficiently, even though the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four things one of which is) that the doctor owed an obligation to adhere to the standard of care,) that the breach occurred,) the breach of the defendant directly triggered injuries and four) damages were triggered by the injuries. Each element must be established by an expert witness. They are medical professionals with extensive experience in their field as well as knowledge of accepted procedures. A qualified birth injury attorney has a network of expert witnesses across the country that they can call on to testify in every case.

While most birth injuries result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes and harm a child. These mistakes could include mistakes in diagnosis or failure to recognize the signs of stress in the fetus, medication errors, surgery mistakes, or inability to perform a C-section in a hurry.

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

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

Breach of Duty

A duty is a legal obligation that arises out of the relationship. For instance the obligation to pay taxes or not steal. If a medical professional owes you a duty, they must use reasonable care to safeguard your best interests. In the case of medical malpractice, failure 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, the plaintiff (in this instance, the child's mother) must demonstrate that the healthcare professional had a duty of care, and that the healthcare professional breached this duty by acting negligently. The breach must also be correlated to the injury that the plaintiff suffered and this requires proving that the healthcare professional's actions or lack of action differed from what other medical professionals would have done under similar circumstances.

A doctor who fails request an emergency C section when both mother and child are in distress is an example. This is the most frequent form of medical malpractice alleged in birth injury cases.

Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples of this include putting in the wrong medication or ignoring the procedure. In a lot of cases, negligence is preventable when medical professionals are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can aid a family in recovering financially from a devastating birth trauma. Compensation can be used to cover medical costs as well as ongoing therapy, assistive devices and other losses. Our atlanta birth injury lawsuit birth injury lawyers are prepared to assist victims receive the compensation they need. The damages you could receive depend on the severity of your child's injuries as well as the impact they will affect their lives in the future. Our attorneys will thoroughly review your case, collect the required evidence, and then determine what compensation you are owed. We will then collaborate with you to negotiate an acceptable settlement. If no settlement is reached, we will prepare for trial. If you believe your child's medical provider committed error, call us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injuries, you must prove several legal elements. One of the most crucial elements is that the medical professional violated their duty to patients by failing to adhere to the appropriate standard of care in their field of expertise. Expert testimony is used to establish this element of an action for medical malpractice. Atlanta birth injury attorneys will seek out the top experts in their field to construct a strong argument for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent act, or failures to act, directly led to the victim suffering an injury. This is a crucial aspect and expert medical witnesses can provide evidence that the medical professional strayed from the accepted standards of their field and caused the victim to be injured.

For a medical malpractice claim to succeed the plaintiff must prove that their injuries were compensable under Georgia's law. Compensation for medical malpractice damages can include both economic and non-economic damages. Economic damages are usually awarded to cover costs like medical expenses, rehabilitation of ongoing treatment, loss of quality of life, and lost wages resulting from taking off from work. Non-economic damages are awarded to compensate for emotional suffering, pain and distress and mental stress due to the injury.

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

A dedicated Atlanta birth injury lawyer can help parents whose children are born with a severe disability such as cerebral palsy or a serious spinal injury. They can also get financial aid to improve the quality of life for their child and to provide future medical expenses. An attorney will be diligent to investigate your situation and bring a compelling claim against the responsible parties. They know the science behind these types of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mishap can affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical errors occur. The consequences of medical errors can be devastating for families. Their lives may be forever altered by the injuries and they will continue to require medical care. The damages awarded can help pay for these expenses and compensate them for their other losses.

A family could file a birth injury lawsuit to ensure that the healthcare professional is held accountable for their error and to seek financial compensation. The attorney handling the case will collect all pertinent information, including medical records. After they have gathered all the relevant information they will bring a lawsuit to court, naming both the hospital and the doctor as defendants. After this, they will ask for an amount of settlement, although there is no guarantee they will accept one.

In addition to financial damages, a family could be awarded non-economic, pain and suffering damages. These are a way to pay for the emotional trauma and suffering that the child and her family endured. These settlements can be difficult to calculate but a skilled lawyer can try to negotiate a fair settlement to compensate the child and/or parents for their losses.

Punitive damages are intended to punish the party responsible for their reckless behavior and discourage others from engaging in similar conduct. These are uncommon in medical malpractice cases, but could be awarded if the jury believes that the defendant's actions were reckless or inexplicably reckless.

If you believe your child has suffered injuries related to birth because of the inattention or negligence of a healthcare professional it is essential to contact an Atlanta birth injury lawyer as quickly as you can. The statute of limitations is the deadline for filing your birth injury claim. Your lawyer can tell you the amount of time you still have.