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 recover compensation to cover their medical expenses for the long term and future loss of earnings.

To establish a convincing argument, we must show that healthcare professionals did not adhere to a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, photographs and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the highest standard of care for their patients. This obligation is derived from the laws that govern the healthcare industry, as well as the rules and regulations formulated by medical professionals' professional organizations.

A physician who fails to adhere to the standards of care can be held liable for injuries caused by their negligence. However the successful claim for malpractice requires a thorough investigation and an argument that is based on credible evidence, including medical documents and witness testimony. A birth injury lawyer in Atlanta is familiar with investigating these cases and understands how to gather information quickly and efficiently, even though the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1) the duty of the doctor to comply with the standard of care; 2)) an infringement of this duty occurred;) the breach by the defendant directly caused the injury; and 4) the injury led to damages. The determination of each of these elements requires an expert witness. They are medical professionals who have extensive experience in their field and knowledge of accepted methods. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that 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 and harm the child. These mistakes could include mistakes in diagnosis or failure to recognize fetal stress and medication errors, surgical mistakes, or inability to perform a C-section in a hurry.

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

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 bringing in experts in the field of medicine and finance to calculate the current and future losses and create a solid legal strategy for seeking the maximum amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from an agreement, like an expectation that you will pay your taxes or a duty not to take something from someone else. If a medical professional is obligated to you an obligation, they must take reasonable care to protect your best interests. In the event of a medical malpractice lawsuit, failure to meet this standard could be deemed negligence. Birth injuries, like cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this instance the mother of the child) must show that the healthcare professional owed them a high duty of care, and that the healthcare professional breached the duty of care by committing a negligent act. The breach must also be connected 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 in fetal distress. This is the most frequent type of medical malpractice that is being alleged in birth injury cases.

Another form of breach occurs when a healthcare professional acts recklessly or displays poor judgment. Examples include giving the wrong medication or not properly handling the procedure. In many cases, negligence is preventable if 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 severe birth trauma. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The amount of compensation you may be entitled to depends on the extent and impact of your child's injury. Our lawyers will analyze your case carefully, gather all the evidence needed, and determine how much you are due in damages. We will then negotiate an acceptable settlement with you. If a settlement is not reached we will prepare for trial. If you believe the medical professional treating your child committed error, call us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injury, you must prove several legal elements. One of the most important elements is that a medical professional did not to meet a reasonable standard within their field of expertise. This aspect of a medical malpractice claim is established by evidence from experts, and Atlanta birth injury lawyers seek out top experts in their field to build a strong case for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent actions, or failures to act directly caused an injury for the patient. It is a crucial aspect and expert medical witnesses will prove that the medical professional acted in a manner that was different from the accepted standards of care in their field, which caused the victim to suffer an injury.

In order for a medical malpractice claim to be successful the plaintiff must demonstrate that their injuries were legal under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are usually awarded to cover costs such as medical expenses, rehabilitation of ongoing treatment and loss of quality of life, and lost earnings due to having to take time off from work. Non-economic damages can be awarded to cover emotional distress, pain and suffering, and mental anguish related to the injury.

A skilled Atlanta birth injuries lawyer will scrutinize the medical records in order to determine who is responsible for your child’s injuries and what could have been done to prevent them from being prevented. Depending on the circumstances, the hospital or other healthcare professionals may be responsible for the malpractice.

When a person's child is born with a severe condition such as cerebral palsy or a serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta Birth Injury Lawsuit birth injury lawyer can help them get financial support to improve the quality of their child's life and help with future medical requirements. A lawyer will investigate your case and make an effective claim against the accountable parties. They know the science behind these types of injuries, the roles doctors and hospital personnel play in them and how the consequences of a mistake could affect your family's future.

Damages

No matter how well-intentioned doctors are, medical mistakes happen. The consequences of medical mistakes can be devastating for families. Their lives may be forever changed by the injuries and they will require medical care. The compensation awarded could aid in the payment of these expenses 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 pertinent information, including medical records. Once they have all this information, they will file the lawsuit with the court, naming the hospital and the doctor as defendants. They will then request a settlement, but there is no guarantee they will agree to one.

In addition to financial damages, a family could be awarded non-economic, pain and suffering damages. These damages are meant to compensate the family of a child for the emotional distress and trauma they experienced. These settlements can be challenging to calculate but a skilled lawyer can try to negotiate an appropriate settlement that compensates the child as well as his or her parents for the losses they suffered.

Punitive damages are designed to penalize the party at fault for their egregious behaviour and deter others from engaging in similar behavior. These damages are rare in medical malpractice cases, but 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 inattention or negligence of a healthcare professional It is crucial to contact an Atlanta birth injury lawyer as soon as possible. There is a specific deadline called the statute of limitations, within which you can submit a birth injury claim, and the lawyer who handles these types of claims will be able to advise you on how long you have left.