Birth Injury Lawsuits

If your child is injured during birth because of medical negligence It can have lasting consequences. Our Atlanta birth injury lawyers can help families recover compensation to cover their long-term medical needs and future loss of earnings.

In order to build a convincing case, we must demonstrate that healthcare providers did not keep up with the highest standards of care. We gather evidence through eyewitness testimony and expert medical opinions and photos and videos.

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the standard of care. This obligation is derived from the laws that govern the healthcare industry and the rules and regulations set by medical professionals' professional associations.

A doctor could be held liable for injuries caused by negligence if they fail to adhere to the standard. However the successful claim for malpractice requires a thorough investigation and an argument that is based on evidence that is credible, such as medical documents and witness testimony. A birth injury lawyer in Atlanta is experienced in the investigation of these cases and knows how to gather information quickly while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements: 1) that the doctor was under obligation to observe the standard of care,) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and four) damages were caused by the injuries. Each element must be established by an expert witness. They are medical professionals who have extensive experience and know-how in their area of expertise. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses they can call to provide evidence.

It is not unusual for doctors with good intentions to make errors that cause harm to the child. These mistakes could include misdiagnosis, failure to detect the presence of fetal distress, medication mistakes, surgical errors, or the inability to perform an emergency C-section if required.

The harm that a child suffers can be severe. A caring Atlanta birth injury lawyer can assist these families get the compensation they are entitled to for all their difficulties and losses. These losses could include medical expenses and income loss as well as the cost of ongoing medical treatment and care, pain and suffering, and mental stress.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice and their families get the financial assistance they require to cover their future medical needs. This involves hiring medical and financial experts to analyze future and current losses and then putting together a legal strategy to pursue 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 your taxes or a duty not to rob. A medical professional who owes a duty to you must act in your best interests. In a medical malpractice case, failing to meet this standard is termed negligence. This is what leads to birth injuries, such as cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this case, the mother of the child) must demonstrate that the healthcare professional owed her an exceptional level of care and that they breached that duty in their negligence. The breach must be linked to the injury suffered and the healthcare professional’s actions or inactions must be different from what other doctors would have done in similar situations.

A doctor who refuses to to order an emergency C-section when both mother and child are in fetal distress is one example. This is the most common type of medical malpractice alleged in a case of birth injury.

Another type of breach is when medical professionals act recklessly or displays poor judgment. Examples of this include administering the wrong medication or ignoring the procedure. In many cases medical professionals can avoid mistakes by being aware of the risks that could be posed to pregnant women.

https://vimeo.com/706781628 can help families financially recover from a serious birth injury. Compensation could cover medical expenses and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury attorneys are prepared to assist victims receive the compensation they need. The amount of compensation you may be entitled to is contingent upon the extent and impact of your child's injury. Our lawyers will carefully review your case, gather necessary evidence, and determine what damages you are entitled to. We will then negotiate a fair settlement with you. If no settlement is reached, we will prepare to go to trial. Contact us now if you believe your child's doctor was negligent.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must establish a number of legal elements. One of the most crucial elements is that the medical professional failed to meet a reasonable standard within their field of expertise. This aspect of a medical malpractice case is established through expert testimony. Atlanta birth injury lawyers will employ top experts in their fields to build a strong case for their clients.

The next element of a claim for medical malpractice is causation, meaning that the negligent act or failures to act directly resulted in injury to the patient. This is an additional crucial element and medical experts can provide evidence that the medical professional departed from the accepted standards in their field which caused the victim to be injured.

In order for a claim based on medical malpractice to succeed the plaintiff must demonstrate that their injuries were legally compensable under Georgia's law. Compensation for medical malpractice damages may include both economic and non-economic damages. Economic damages are typically awarded to cover expenses like rehabilitation costs, medical expenses, ongoing treatment loss of quality of life and lost wages resulting from taking off from work. Non-economic damages may be awarded for emotional distress as well as pain and discomfort and mental apprehension resulting from the injury.

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

If a 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 attorney can assist them in obtaining financial aid to enhance their child's quality of life and help with future medical requirements. An attorney will look into your case and present a strong claim against the responsible parties. They know the science behind these types of injuries, the roles doctors and hospital staff have in them, and the consequences of a mishap can impact your family's future.

Damages

Medical mistakes can happen regardless of how careful the medical professionals may be. If they do, the repercussions could be devastating for families. The injuries could alter their lives forever leaving them with a constant need for medical attention and other expenses that will never go away. The compensation they receive can help them pay for these expenses and compensate for their other losses.

A family may start a lawsuit for birth injuries to hold the healthcare professional responsible for his or her mistake and to seek financial compensation. The lawyer who handles the case will collect all relevant information including medical records. Once they have collected all the information they will bring a lawsuit to court with the doctor and the hospital as defendants. They will then request a settlement however there is no guarantee they will accept one.

In addition to the economic damages, families 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 experienced. Settlements aren't easy to calculate, but a knowledgeable lawyer can try to 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 person at fault for their egregious behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, but they can be awarded when the jury determines that the defendant's actions were particularly egregious.

If your child suffered an injury during birth because of the negligence of a health professional, you should to contact a dedicated Atlanta birth injury attorney immediately. There is a time limit known as the statute of limitations within which you have to submit a birth injury claim and the attorney who handles these kinds of claims is able to advise you on the timeframe you have left.