Birth Injury Lawsuits

If your child suffers a serious injury at birth due to medical negligence, the effects can last a lifetime. Our Atlanta birth injury lawyers can help families seek compensation to pay for their long-term medical needs and loss of future earnings.

To make a convincing case, we need to show that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness testimony, expert medical opinions, and 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 stems from laws that govern the healthcare industry as well as the rules and regulations established by medical professionals professional associations.

A doctor could be held liable for the harm caused by negligence if they fail meet the standards. A successful malpractice case will require a thorough investigation, as well as a solid case that is based on reliable evidence such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the required details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1)) the duty of a doctor to comply with the standard of care; 2)) a breach of the duty occurred; 3) the breach by the defendant directly caused the injury; and 4) the injury led to damages. Each of these elements must be proven by an expert witness. These experts are medical professionals with extensive experience in their field and familiarity with accepted practices. A qualified birth injury lawyer will have a nationwide network of expert witnesses they can rely on to testify.

It is not uncommon for doctors with good intentions to make errors that cause harm to the child. These errors could be due to misdiagnosis, failure to detect fetal distress, medication errors or surgical mistakes, or the failure to perform an emergency C-section if needed.

The harm that a child suffers can be severe. A caring Atlanta birth injury attorney can assist families to receive the compensation they deserve for their hardships and losses. These losses could include medical expenses as well as lost income, lifelong treatment, mental anguish, and suffering and suffering.

Grant Law Office is dedicated to helping those affected by medical malpractice, as well as their families, get the financial aid they require to pay their future medical expenses. This includes bringing in medical and financial experts to assess current and future losses, and to develop a legal plan to obtain the highest amount of compensation.

Breach of Duty

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

To prove medical malpractice, a plaintiff (in this instance the child's mother) must show that the healthcare provider had a duty of care and that the healthcare professional breached the duty of care by committing a negligent act. The breach must also be linked to the injury that the plaintiff suffered and this requires proving that the healthcare professional's actions or lack of action differed from what other medical professionals would have done under similar circumstances.

A doctor who refuses to order an emergency C section when both mother and child are in fetal distress is a prime instance. This is the most frequent type of medical malpractice alleged in birth injury cases.

Another form of breach occurs when healthcare professionals are reckless or exhibits poor judgment. This could include administering improper medication or mishandling surgical procedures. In many instances medical professionals can avoid mistakes by being aware of the possible risks to a patient during pregnancy.

A successful medical malpractice claim can aid a family financially to recover from a serious birth injury. Compensation can cover medical expenses as well as ongoing therapy, assistive devices and other losses. Our Atlanta birth injury lawyers are prepared to help victims recover the compensation they are entitled to. The damages you could receive depend on the severity of your child's injuries as well as the impact they will have on their lives for the next few years. Our lawyers will review your case in detail, gather all the evidence needed and determine the amount you are entitled to in damages. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached, we will prepare for trial. Contact us today if suspect your child's physician committed negligence.

Causation

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 violated their duty to patients by not adhering to an acceptable standard of care within their specialty. This aspect of a medical malpractice case is proven through expert testimony. Atlanta birth injury lawyers will employ top experts in their fields to build a strong case for their clients.

The second aspect of a medical malpractice claim is causation, which means that the negligent actions or failures to act directly led to an injury to the patient. Again, this is a crucial element and expert medical witnesses will be able to prove that the medical professional was deviating from the accepted standards of care in their field, which in turn caused the victim to suffer an injury.

In order to prevail in a medical malpractice lawsuit the plaintiff will be required to prove that the injuries are legal under Georgia law. https://vimeo.com/706781628 for medical malpractice damages can comprise both economic and other damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, and loss of earnings due to time off from work. Non-economic damages are awarded to cover emotional suffering, distress and mental stress due to the injury.

A skilled Atlanta birth injuries lawyer will examine the medical records 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.

If a child of a parent is born with a serious condition such as cerebral palsy, a serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury lawyer can help them get financial support to improve the quality of their child's life and help with future medical needs. A lawyer will examine your case and present a strong claim against the accountable parties. They are aware of the science behind these types of injuries, the roles doctors and hospital staff play in them and how the consequences of a mistake could affect your family's future.

Damages

Whatever the best intentions of doctors are, medical errors occur. When they do, the results can be devastating for families. The injuries can change their lives forever and leave them with a constant need for medical attention and other expenses that will never end. The compensation awarded could assist in paying for these costs and compensate them for their other losses.

A family may start a lawsuit for birth injuries to hold the healthcare professional responsible for the error and seek the 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, naming both the hospital and the doctor as defendants. After that, they'll request a settlement amount, though there is no guarantee they will agree to a settlement.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These damages are meant to compensate the family of a child for the emotional pain and trauma they experienced. These settlements can be difficult to calculate, however a savvy lawyer can try to negotiate an appropriate settlement that compensates the child and/or parents for the losses they suffered.

Punitive damages are meant to punish the person who was at fault for their insidious behavior and discourage others from engaging in similar behavior. They are rare in medical malpractice cases, however they could be awarded if the jury is convinced that the defendant's actions were egregious or reckless.

If your child has suffered an injury to their birth due to the negligence of a health professional, you might want to speak with an experienced Atlanta birth injury attorney immediately. There is a specific deadline known as the statute of limitations within which you can submit a birth injury claim and the attorney who handles these types of claims would be able to advise you on how much time you have left.