Birth Injury Lawsuits

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

To build a convincing case, we must show that healthcare providers did not ensure a high standard of care. We gather evidence from eyewitness testimony, expert medical opinions, as well as photographs and videos.

Duty of Care

OB-GYN physicians and medical staff 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 formulated by medical professional associations.

A doctor who fails to meet the standard of care could be held liable for any injuries caused through their negligence. A successful malpractice claim will require a thorough investigation and a convincing case based on evidence that is credible such as medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather all the necessary information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four things one of which is) that the doctor had obligation to observe the standard of care,) that the breach occurred,) the breach of the defendant directly caused the injuries and 4) damages were caused by the injuries. Each element must be determined by an expert witness. These experts are medical professionals with extensive experience and know-how in their area of expertise. A skilled birth injury lawyer will have a nationwide network of expert witnesses they can rely on to be a witness.

It is not unusual for doctors with good intentions to make mistakes that harm a child. These errors can result in mistakes in diagnosis or failure to recognize the signs of stress in the fetus, medication errors, surgery errors, or failing to perform an urgent C-section.

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

The attorneys at Grant Law Office are dedicated to helping victims of medical malpractice and their family members get the financial assistance they require to cover their future medical expenses. https://vimeo.com/706781628 includes hiring experts in the field of medicine and finance to estimate the current and future losses and create a solid legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from an agreement, like the expectation that you pay taxes or not to take something from someone else. When a medical professional owes you an obligation, they must use reasonable care to safeguard your best interests. In the event of a medical malpractice lawsuit the failure to adhere to this standard could be deemed negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this case, the mother of the child) must show that the healthcare professional was responsible for the highest level of care and that they violated that duty by acting negligently. The breach must also be correlated to the harm suffered by the plaintiff, which requires establishing that the healthcare professional's actions or lack of action differed from what other medical experts would have done in similar circumstances.

One example is the failure of a doctor to request an emergency C-section if the mother and baby are suffering from fetal distress. This is the most frequent kind of medical malpractice that is claimed in a case of birth injury.

A healthcare professional can also be in breach if they make rash decisions or exhibit poor judgment. Examples of this include putting in the wrong medication or mishandling a surgical procedure. In a lot of cases medical professionals can avoid from committing a mistake by being aware the risks that could be posed to pregnant women.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation could cover medical expenses and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury lawyers are available to assist victims receive the compensation they deserve. The amount of compensation you may be entitled to is contingent upon the severity and impact of your child's injury. Our lawyers will analyze your case in detail, gather all the evidence needed, and determine how much you are due in damages. We will then negotiate an acceptable settlement with you. If a settlement is not reached, we will then prepare to go to trial. Contact us today if you think your child's doctor has committed negligence.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by failing to adhere to a reasonable standard of care within their specialty. This aspect of a medical malpractice case is established through expert testimony. Atlanta birth injury lawyers consult top-tier experts in their field to build a strong case for their clients.

Causation is the next element in a medical malpractice case. This means that the negligent actions or inactions, directly led to the victim suffering an injury. This is a crucial aspect and expert medical witnesses will prove that the medical professional deviated from the accepted standards of medical practice in their field, which in turn resulted in the victim suffering an injury.

In order to win a medical malpractice lawsuit the plaintiff will need to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice damages can comprise both economic and other damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as loss in quality of life and lost wages due to time off work. Non-economic damages can be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A experienced Atlanta birth injury lawyer will examine the medical records to determine who is accountable for your child’s injuries and how they could have been prevented. Based on the circumstances the other healthcare professionals or even the hospital itself could be held accountable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a serious disability like cerebral palsy, or a serious spinal injury. They can also seek financial assistance to improve the quality of life their child and pay for future medical expenses. A lawyer will diligently to analyze your situation and make an effective claim against the parties responsible. They are aware of the science 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

Whatever the best intentions of doctors are, medical errors happen. The consequences of medical errors can be devastating for families. The injuries may alter their lives forever, leaving them with an ongoing need for medical treatment and other costs that will never end. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

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

In addition to economic damages, families may be awarded non-economic, pain and suffering damages. These are a way to compensate for the emotional trauma and distress that a child and his or her family endured. These settlements can be difficult to calculate, however a savvy lawyer can negotiate an appropriate settlement that compensates the child as well as his or her parents for the losses they suffered.

There are also punitive damages which are designed to punish the party at fault for their indefensible behavior and discourage 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 conduct was especially egregious.

If you suspect that your child has suffered a birth-related injury due to the inattention or negligence of a healthcare professional, it is important to get in touch with an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the deadline by which you must file your claim for birth injury. Your lawyer will be able tell you how long you still have.