Birth Injury Lawsuits

If your child suffers an injury of a serious nature in the birth due to medical negligence, the repercussions could last a lifetime. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical costs and future loss of income.

To build a strong case we must demonstrate that healthcare providers did not keep up with the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, [Redirect Only] and photographs and videos.

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the highest standard of treatment. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations formulated by medical professional associations.

A physician who fails to meet the standards of care can be held accountable for injuries caused by their negligence. However, a successful malpractice claim requires a thorough investigation and a strong case built on solid evidence, such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather the necessary details quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) that the doctor owed obligation to observe the standard of care, 2) that the breach occurred,) the breach by the defendant directly caused the injuries and 4) damages were caused by the injuries. In order to establish each element, they must have an expert witness. These experts are medical professionals with vast experience and expertise in their field. A competent birth injury lawyer will have a nationwide network of expert witnesses they can call to be a witness.

Although the majority of birth injuries are the result of medical negligence, it is not uncommon for well-intentioned doctors to make mistakes that harm a child. These errors could be due to mistakes in diagnosis, failure to recognize fetal distress, medication errors, surgical errors, or the inability to perform an emergency C-section if required.

The damage that the child suffers can be devastating. 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 and income loss, the cost of life-long medical and treatment as well as pain and suffering and mental stress.

Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, receive the financial assistance they need to cover their medical bills in the future. This includes hiring medical and financial experts to assess their current and future losses and develop a sound legal strategy to seek the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from an agreement, like an expectation that you will pay taxes or a promise not to take something from someone else. If a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In a medical malpractice case, failure to meet this standard can be called negligence. This is what leads to birth injuries, which include cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the child's mother) must show that the healthcare professional was obligated to them with a high standard of care, and that the healthcare professional breached this duty by committing 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 experts would have done in similar circumstances.

A doctor who does not order an emergency C section when both mother and child are in fetal distress is an instance. This is the most frequent kind of medical malpractice that is alleged in a birth injury case.

Another type of breach is when medical professionals act recklessly or exhibits poor judgment. This can include administering incorrect medication or handling surgical procedures in a way that is not safe. In a lot of cases the risk of negligence is avoided if medical professionals are aware of the risks that could affect a pregnant patient.

A successful medical malpractice case can help a family recover 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 attorneys are ready to help victims get the compensation they deserve. The amount you will receive depend on the severity of your child's injuries and the impact they will have on their life going forward. Our lawyers will analyze your case carefully, gather the required evidence, and determine how much you are entitled to in damages. We will then work with you to negotiate an equitable settlement. If no settlement is reached, we will then prepare to go to trial. Contact us today if you think your child's doctor has was negligent.

Causation

Bringing a birth injury lawsuit against a healthcare provider requires proving several legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by not adhering to an acceptable standard of care within their field of expertise. Expert testimony is used to establish this element of a claim for [empty] medical malpractice. Atlanta birth injury attorneys will seek out the top experts in their field to construct a strong argument for their clients.

The next step is to establish the cause in a medical malpractice case. This means that the negligent actions, or failures to act directly resulted in an injury for the patient. This is an additional crucial element and medical experts can provide evidence that the medical professional departed from the accepted norms in their field that resulted in the victim being injured.

To win an action for medical malpractice, the plaintiff will also need to prove that their injuries are compensated under Georgia law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are awarded to pay for medical expenses, ongoing treatment, loss in quality of life and lost wages due time off work. Non-economic damages may be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A experienced Atlanta birth injuries lawyer will review the medical records in order to determine who is accountable for the injuries your child sustained and what could have been done to prevent them from being avoided. Depending on the circumstances the hospital or other healthcare professionals could be accountable for the error.

If a child of a parent is born with a severe condition, such as cerebral palsy, serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury attorney can help them obtain financial aid to enhance their child's quality of life and help with future medical needs. An attorney will look into your case and file an argument that is convincing against the responsible parties. They are aware of the research behind these injuries, the role that doctors and hospital staff plays in their care, and how a mistake can impact the future of your family.

Damages

Medical errors can happen regardless of how well-intentioned the medical professionals may be. When they do, the results can be devastating for families. Their lives could be forever altered by the injuries and they will continue to require medical care. The damages awarded can assist in paying for these costs and also compensate them for other losses.

A family may file a lawsuit for birth injuries to hold a medical 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 collected all the information they will present a lawsuit in court with the hospital and the doctor as defendants. After this, they will ask for an amount for a settlement, but there is no guarantee they will agree to a settlement.

In addition to the economic 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, however a savvy lawyer can negotiate an equitable settlement to compensate the child and his or parents for their losses.

There are also punitive damages, that are intended to punish the at-fault party for their indefensible conduct and deter others from engaging in similar conduct. These damages are rare in medical malpractice cases, but they are awarded when juries find that the defendant's actions were particularly indecent.

If you suspect that your child has suffered injuries related to birth because of the carelessness or negligence of a healthcare professional it is essential to speak with an Atlanta birth injury lawyer as quickly as possible. The statute of limitations is the deadline by which you must file your claim for birth injury. Your lawyer will be able to tell you how much time you have left.