Birth Injury Lawsuits

If your child suffers an injury at birth as a result of medical negligence It can have lasting consequences. Our Atlanta birth injury attorneys help families seek compensation for their long-term medical expenses and lost future income.

To make a convincing case, we must show that healthcare providers did not maintain a high level of care. We gather evidence through eyewitness testimony and expert medical opinions as well as photographs and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients have a duty to provide patients with the highest standard of medical care. This obligation stems from the laws that govern the healthcare industry, as well as the rules and regulations formulated by medical professionals' professional organizations.

A doctor can be held responsible for the harm caused by negligence if they fail meet the standards. However the successful claim for malpractice requires a thorough investigation and an argument that is based on solid evidence, such as medical documents and witness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather the required information quickly while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1.) the doctor's duty to adhere to the standard of care; two) the breach of the duty occurred; 3) the breach by the defendant directly caused the injury and four) the injury caused damages. The determination of each of these elements requires an expert witness. They are medical professionals with years of knowledge of their field and knowledge of accepted practices. A skilled birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to provide evidence.

Although the majority of birth injuries result of medical negligence, it's not uncommon for well-intentioned doctors 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 errors, or failing to perform an urgent C-section.

Often, the damage suffered by the child could be substantial. A caring Atlanta birth injury lawsuit birth injury lawyer can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical expenses, loss of income, the cost of life-long medical and treatment as well as pain and suffering and mental anguish.

Grant Law Office is dedicated to helping victims of medical malpractice, as well as their families, obtain the financial support they need to pay the future medical bills. This includes enlisting experts in the field of medicine and finance to calculate their future and current losses and create a solid legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from a relationship, such as an expectation that you will pay taxes or not to take something from someone else. When a medical professional owes you a duty, they have to take reasonable care to protect your best interests. In a lawsuit involving medical malpractice, failing to meet this standard is called negligence. Birth injuries, like cerebral palsy and birth-related disabilities, 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 her an exceptional level of care and that they breached this duty in their negligence. The breach must also be connected to the injury suffered by the plaintiff, which requires establishing that the healthcare professional's actions or inaction deviated from what other medical professionals would have done under similar circumstances.

A good example of this is the failure of a doctor to order an emergency C-section when the mother and baby are suffering from fetal distress. This is the most typical type of medical malpractice alleged in a birth injury case.

A healthcare professional may also be in breach if they make rash decisions or exhibit poor judgment. Examples of this include putting in the wrong medication or not properly handling an operation. In a lot of cases it is possible to avoid negligence if medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation can pay for medical expenses, ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The damages you can receive depend on the severity of your child's injuries and the impact they will have on their lives in the future. Our attorneys will examine your case in detail, gather all the evidence needed and determine the amount you are entitled to in damages. We will then negotiate a fair settlement with you. If a settlement is not reached then we will prepare for trial. Contact us today if you suspect your child's physician was negligent.

Causation

A birth injury lawsuit against a healthcare professional requires the proof of several legal elements. One of the most crucial elements is that a medical professional failed to meet a reasonable standard in their field of expertise. This element of a medical malpractice case is established by evidence from experts, and Atlanta birth injury lawyers will seek out top experts in their fields to create a compelling case for their clients.

The next step is to establish the cause in the medical malpractice case. This implies that the negligent acts or the failure to act, directly led to an injury for the patient. This is an additional crucial element and medical experts can provide evidence that the medical professional deviated from the accepted standards of their field and led to the victim being injured.

In order to win an action for medical malpractice the plaintiff will have to prove that their injuries are compensable under Georgia law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are usually granted to cover costs such as medical expenses, rehabilitation, ongoing treatment, loss of quality of life and lost wages resulting from taking time off work. Non-economic damages may be awarded to compensate for emotional distress, pain and suffering, and mental anguish related to the injury.

A skilled Atlanta birth injury lawyer will examine the medical documents to determine who was responsible for the injuries your child sustained, and they will examine how these errors could have been prevented. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself could be accountable for the malpractice committed by the doctor.

When a person's child is born with a severe condition, such as cerebral palsy, a serious spinal cord injury or other physical or mental disability, a dedicated Atlanta birth injury lawyer can help them get financial assistance to enhance their child's quality of life and to cover future medical needs. A lawyer will investigate your case and make a strong claim against the accountable parties. They are aware of the science behind these types of injuries, the roles that hospital staff and doctors have in them, and the consequences of a mishap can affect the future of your family.

Damages

Medical mistakes can happen regardless of how careful the doctors may be. If they do, the results can be devastating to families. The injuries may alter their lives forever leaving them with an ongoing need for medical care and other expenses that will never end. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

A family can start a lawsuit for birth injury to hold a medical professional accountable for their error and to receive financial compensation. The lawyer handling the case will first collect all relevant information, including medical records. Once they have collected all the relevant information, they will bring a lawsuit to court, naming both the hospital and the doctor as defendants. After this, they will seek a settlement amount, though there is no guarantee they will agree to one.

A family may also be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These damages are intended to compensate a child's family for the emotional stress and trauma they experienced. Settlements aren't easy to calculate but a skilled lawyer can negotiate an appropriate settlement that compensates the child and his or parents for the losses they suffered.

There are also punitive damages which are designed to punish the at-fault party for his or her egregious behavior and discourage others from engaging in similar conduct. They are rare in medical malpractice cases, but could be awarded if the jury believes that the defendant's actions were reckless or egregious.

If you suspect that your child has suffered injuries related to birth because of the negligence or carelessness of medical professionals It is crucial to speak with an Atlanta birth injury lawyer as quickly as you can. There is a time limit known as the statute of limitations within which you have to submit a birth injury claim and the lawyer who handles these kinds of claims will be competent to tell you how long you have left.