Birth Injury Lawsuits

When your child suffers a serious injury during birth due to medical negligence, the effects can last for a lifetime. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical expenses and lost future income.

To make a convincing case, we must demonstrate that healthcare professionals failed to uphold the highest standards of medical care. We gather evidence by obtaining eyewitness testimony, expert medical opinions, as well as photographs and videos.

Duty of Care

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

A physician who fails to meet the standards of care can be held liable for any injuries caused by their negligence. A successful malpractice case will require a thorough investigation and a convincing case that is based on reliable evidence such medical documents and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases, and they know how to gather the necessary information quickly while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements one of which is) that the doctor was under obligation to observe the standard of care, 2)) that there was a breach, 3) the breach of the defendant directly caused the injuries and 4) damages were caused by the injuries. Establishing each element requires an expert witness. These experts are medical professionals who have extensive experience and knowledge in their field. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can call to provide evidence.

It is not unusual for doctors with good intentions to make errors that harm children. These mistakes could include mistakes in diagnosis, failure to recognize fetal distress, medication errors, surgical errors, or the inability to perform an emergency C section when needed.

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 as well as lost income, lifelong treatment, mental anguish and pain and suffering.

The attorneys at Grant Law Office are dedicated to helping victims of medical malpractice as well as their family members get the financial assistance they require to cover their future medical needs. This involves hiring medical and financial experts to calculate current and future losses, and to develop a legal plan to pursue the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that is borne out of an existing relationship. For instance, a duty to pay taxes or not steal. A medical professional who has a duty to you must act in your best interest. In a lawsuit involving medical malpractice in which they fail to meet this standard is called 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 case the mother of the child) must prove that the healthcare professional was responsible for a high level of care and that they breached that duty by acting negligently. The breach must also be connected to the injury sustained by the plaintiff and prove that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done in similar circumstances.

A doctor who refuses to order an emergency C section when both mother and child are in distress is an example. This is the most common type of medical malpractice that is accused in birth injury cases.

Healthcare professionals can also commit a breach when they act recklessly or show poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In many instances, medical professionals can prevent from committing a mistake by being aware the risks that could be posed to pregnant women.

A successful medical malpractice case can aid a family in recovering financially from a devastating birth trauma. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and other losses. https://vimeo.com/706781628 are prepared to assist victims get the compensation they deserve. The amount you will get depend on the severity of your child's injuries and the impact they'll have on their lives for the next few years. Our lawyers will carefully review your case, gather the necessary evidence, and determine the amount of damages you are entitled to. We will then assist you in negotiating an acceptable settlement. If a settlement cannot be reached, we will then prepare to go to trial. If you believe your child's medical provider committed negligence, please contact us now to begin your birth injury claim.

Causation

Bringing a birth injury lawsuit against a healthcare provider needs the presentation of a number of legal aspects. One of the most crucial elements is that the medical professional failed to adhere to a reasonable standard in their area of expertise. Expert evidence is used to prove the basis of a claim for medical malpractice. Atlanta birth injury attorneys will seek out the top experts in their field to construct a strong argument for their clients.

Causation is the next element in the medical malpractice case. This means that the negligent act, or failures to act directly resulted in injuries to the patient. It is an essential element and expert medical witnesses will be able to prove that the medical professional deviated from the accepted standards of medical practice in their area, which resulted in the victim suffering an injury.

In order for a claim based on medical malpractice to succeed the plaintiff must show that their injuries are legally compensable under Georgia's law. Compensation for medical malpractice could comprise 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 resulting from taking time off from work. Non-economic damages are awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.

A experienced Atlanta birth injuries lawyer will review the medical records in order to determine who is accountable for the injuries suffered by your child and the ways they could have been prevented. Depending on the circumstances, the hospital or other healthcare professionals could be responsible for the malpractice.

When a person's child is born with a serious condition, such as cerebral palsy or a serious spinal cord injury, or other physical or mental disability, a dedicated Atlanta birth injury lawyer can help them obtain financial assistance to improve the quality of their child's life and provide for future medical needs. An attorney will look into your case and make an argument that is convincing against the responsible parties. They are aware of the science behind these kinds of injuries, the roles doctors and hospital staff have in them, and the consequences of a mishap can affect the future of your family.

Damages

Regardless of how well-intentioned doctors are, medical mistakes occur. The consequences of medical mistakes can be devastating for families. The injuries can change their lives forever leaving them with a constant need for medical treatment and other expenses that will never end. The compensation they receive can help them pay for these expenses as well as help them recover from other losses.

A family may file a birth injury lawsuit to hold the healthcare professional responsible for their error and to recover the financial compensation. The attorney handling the case will gather all pertinent information including medical records. Once they have all the information they will file the lawsuit with the court, naming the hospital and doctor as defendants. Following this, they will ask for an amount of settlement, although there is no guarantee that they will accept one.

In addition to economic damages, a family could be awarded non-economic or pain and suffering damages. These damages are meant to compensate a child's family for the emotional stress and trauma they suffered. These settlements can be challenging to calculate but a skilled lawyer could try to get an equitable settlement to compensate the child and/or parents for the losses they suffered.

There are also punitive damages, that are intended to punish the party at fault for his or her egregious actions and discourage others from engaging in similar conduct. These damages are not common in medical malpractice cases, however they are awarded when juries find that the defendant's conduct was particularly indecent.

If you believe that your child has suffered an injury related to birth due to the negligence or carelessness of a healthcare professional It is crucial to get in touch with an Atlanta birth injury lawyer as quickly as possible. There is a strict deadline, known as the statute of limitations within which you can file a birth injury claim, and the lawyer who works on these types of claims is in a position to inform you of the timeframe you have left.