Birth Injury Lawsuits

When your child is injured during birth as a result of medical negligence it could have long-lasting consequences. Our Atlanta birth injury lawyers help families seek compensation for their long-term medical bills and future loss of income.

To build a strong case we must demonstrate that healthcare providers failed to maintain a high level of care. We gather evidence using eyewitness accounts, medical experts' opinions, photos and videos.

Duty of Care

Medical staff and OB-GYN doctors are required to provide the highest standard of care for their patients. This obligation stems from laws governing the healthcare industry and the rules and regulations imposed by medical professionals' professional associations.

A physician who fails meet the standard of care could be held liable for any injuries caused by their negligence. However the successful claim for malpractice requires a thorough investigation as well as an argument that is based on solid evidence, such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is familiar with the investigation of these cases and knows how to gather information quickly and efficiently, even though the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1.) the doctor's duty to adhere to the standards of care; 2)) the breach of that duty occurred; 3) the breach by the defendant directly caused the injury and four) the injury resulted in damages. Each element must be determined by an expert witness. https://vimeo.com/706781628 are medical professionals with years of experience in their field as well as knowledge of accepted procedures. A skilled birth injury lawyer will have a nationwide network of expert witnesses that they can rely on to be a witness.

While most birth injuries are the result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes and hurt the child. These mistakes could include mistakes in diagnosis or failure to recognize the presence of fetal stress, medication errors, surgery errors, or failure to perform a C-section in a hurry.

The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can assist these families get the compensation they are entitled to for all their troubles and losses. These losses can include medical expenses as well as lost income, lifelong treatment, mental anxiety, and suffering and suffering.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice as well as their family members get the financial assistance they require to cover their future medical needs. This includes hiring financial and medical experts to assess future and current losses and then putting together a legal strategy to seek maximum compensation.

Breach of Duty

A duty is a legal obligation that arises out of a relationship. For example it is a duty to pay taxes or not to steal. When a medical professional owes you a duty, they have to exercise reasonable care in your best interests. In a medical malpractice case in which they fail to meet this standard is termed negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

In order to prove medical malpractice the plaintiff (in this instance, the mother of the child) must prove that the healthcare professional was obligated to provide a high level of care and that they acted in breach of that duty by acting negligently. The breach must also be linked to the harm that the plaintiff suffered and this requires proving that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.

One example is the doctor who does not call for an emergency C-section even though the mother and baby are experiencing fetal distress. This is the most common type of medical malpractice that's alleged in birth injury cases.

A healthcare professional may also be in breach if they act recklessly or show 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 by medical professionals who 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 serious birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive devices and other losses. Our Atlanta birth injury attorneys are ready to help victims receive the compensation they need. The amount you are entitled to is contingent upon the extent and impact of your child's injuries. Our lawyers will analyze your case with care, collect the required evidence, and determine how much you are owed in damages. We will then collaborate with you to negotiate a fair settlement. If no settlement is reached, we will then 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 over a birth injuries, you must prove several legal elements. One of the most crucial elements is that the medical professional violated their obligation to patients by failing to adhere to the appropriate standard of care within their specialty. Expert evidence is used to prove this element of medical malpractice claims. Atlanta birth injury attorneys will consult the best experts in their field to create a strong argument for their clients.

Causation is the second element in a medical malpractice case. This implies that the negligent acts or the failure to act directly caused an injury for the patient. Again, this is an essential element and expert medical witnesses can be able to prove that the medical professional acted in a manner that was different from the accepted standards of medical care in their field, which caused the victim to suffer an injury.

In order for a claim based on medical malpractice to be successful, the plaintiff must also prove that their injuries were compensable under Georgia's law. Compensation for medical malpractice could include both economic and other damages. Economic damages are usually granted to cover costs such as rehabilitation costs, medical expenses and ongoing treatment and loss of quality of life and lost wages due to taking off from work. Non-economic damages are awarded for emotional distress as well as pain and discomfort and mental anguish resulting from the injury.

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

If a child of a parent is born with a serious condition such as cerebral palsy, a serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury lawyer can assist them in obtaining financial aid to improve their child's quality of life and to cover future medical requirements. An attorney will be diligent to examine your situation and file an argument that is persuasive against the parties responsible. They know the science behind these types of injuries, the roles doctors and hospital personnel are involved in, and the consequences of a mishap could affect your family's future.

Damages

Whatever the best intentions of doctors are, medical errors happen. The consequences of mistakes made by medical professionals can be devastating for families. The injuries can change their lives forever leaving them with an ongoing need for medical treatment and other expenses that will never end. The damages awarded can help pay for these expenses and help them recover for other losses.

A family can start a lawsuit for birth injury to hold a medical professional accountable for their error and also to get financial compensation. The lawyer handling the case will first collect all relevant information, including medical records. After they have gathered all the information and have it all, they will present a lawsuit in court, naming both the hospital and the doctor as defendants. They will then request an agreement but there is no guarantee that they will agree to one.

A family may be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These are intended to pay for the emotional trauma and suffering that the child and his or her family endured. These can be difficult to calculate however, a skilled lawyer can try to negotiate an appropriate settlement for the child's and his or parents' losses.

Punitive damages are intended to punish the person responsible for their reckless behavior and discourage others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, but they can be awarded when juries find that the defendant's actions were particularly egregious.

If your child has suffered an injury during birth because of the negligence of a health care professional, you may want to consult a specialized Atlanta birth injury lawyer as soon as possible. The statute of limitations is the deadline for filing your birth injury claim. Your lawyer will be able to tell you how much time you have left.