Birth Injury Lawsuits

If your child sustains a serious injury in the birth due to medical negligence, the repercussions could last a lifetime. Our Atlanta birth injury lawyers help families recover compensation for their long-term medical expenses and lost future income.

To make a strong case we must prove that healthcare providers failed to keep up with the highest standards of care. We gather evidence through eyewitness testimony as well as expert medical opinions and photos and videos.

Duty of Care

The OB-GYN medical staff and doctors are required to provide the best quality of care to their patients. This obligation is derived from the laws governing the healthcare industry and rules and regulations set by medical professionals' professional institutions.

A physician can be held liable for any injuries resulting from negligence if they fail to meet the standards. A successful malpractice claim will require a thorough investigation as well as a strong case that is based on reliable evidence like medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is experienced in the investigation of these cases and knows how to quickly collect information, while the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1) the duty of the doctor to adhere to the standards of care; two) the breach of this duty occurred;) the breach of the defendant directly caused the injury; and four) the injury resulted in damages. Each of these elements must be proven by an expert witness. They are medical professionals with years of experience in their field and familiarity with accepted methods. A skilled birth injury attorney has experts across the nation who they can use to testify in each case.

While most birth injuries result of medical negligence, it's not uncommon for doctors who are well-meaning to make mistakes that harm children. These errors could be due to mistakes in diagnosis, failure to recognize the presence of fetal distress, medication mistakes, surgical errors, or the failure to perform an emergency C-section if needed.

Often, the damage suffered by the child could be severe. A caring Atlanta birth injury lawyer can help families receive the compensation that they deserve for all of their difficulties and losses. These losses could include medical expenses, lost income, lifelong treatment, mental anxiety, and suffering and pain.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, obtain the financial support they need to pay their future medical expenses. This includes bringing in 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 the relationship. For example the obligation to pay taxes or not to steal. When a medical professional owes you a duty, 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, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this instance, the mother of the child) must demonstrate that the healthcare professional owed her the highest level of care, and that they violated this duty by acting negligently. The breach must be linked to the harm suffered and the healthcare professional’s actions or inactions must have been different from what other doctors would have done in similar circumstances.

A doctor who does not to order an emergency C-section when both mother and child are in fetal distress is a prime example. This is the most typical type of medical malpractice that's accused in birth injury cases.

A healthcare professional can also be guilty of a breach if they make rash decisions or exhibit poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In many cases, negligence is preventable by medical professionals who are aware of the dangers that could affect a newborn patient.

A successful medical malpractice case can aid a family financially to recover from a serious birth injury. Compensation can pay for medical expenses, ongoing therapy, assistive equipment, and other expenses. Our atlanta birth injury attorneys birth injury lawyers are ready to help victims receive the compensation they deserve. The amount you will receive depend on the severity of your child's injuries and the impact they'll affect their lives going forward. Our lawyers will analyze your case with care, collect the required evidence and determine the amount you are due in damages. We will then collaborate with you to negotiate an equitable settlement. If a settlement is not agreed upon, we will prepare to go to trial. Contact us now if you think your child's doctor has did not follow through.

Causation

Bringing a birth injury atlanta injury lawsuit against a healthcare provider requires proving several legal elements. One of the most crucial elements is that the medical professional breached their duty to patients by failing to adhere to a reasonable standard of care in their area of expertise. Expert evidence is used to prove this aspect of an action for medical malpractice. Atlanta Birth injury lawsuit birth injury attorneys will seek out the top experts in their field to build a convincing case for their clients.

Causation is the second element in a medical malpractice case. This means that the negligent act or the failure to act, directly led to the victim suffering an injury. Again, this is a crucial aspect and expert medical witnesses will prove that the medical professional deviated from the accepted standards of care in their area, which resulted in the victim suffering an injury.

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

A experienced Atlanta birth injuries lawyer will examine 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 may be accountable for the error.

When a person's child is born with a serious condition such as cerebral palsy or a serious spinal cord injury, or any other mental or physical disability, a dedicated Atlanta birth injury attorney can help them get financial aid to improve the quality of their child's life and provide for future medical needs. An attorney will be diligent to examine your situation and make a compelling claim against the responsible parties. They understand the science behind these types of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mistake could affect your family's future.

Damages

Medical errors can happen regardless of how careful the doctors may be. When they do, the results can be devastating to families. Their lives could be forever changed by the injuries, and they will continue to require medical care. The damages that are awarded will help them pay for these expenses and help them recover from other losses.

A family can start a lawsuit for birth injuries to hold the healthcare professional responsible for the error and to seek the financial compensation. The lawyer who handles the case will collect all pertinent information, including medical records. Once they have all this information, they will file the lawsuit with the court including the hospital and doctor as defendants. They can then ask for a settlement but there is no guarantee that they will agree to one.

A family may also be awarded damages for pain and suffering or non-economic damages, in addition to economic damages. These are intended to cover the emotional trauma and stress that a child and his or family suffered. They aren't easy to determine, but a skilled lawyer could seek an appropriate settlement for the child's and his or atlanta birth injury lawsuit parents loss.

There are also punitive damages which are designed to punish the person at fault for his or her egregious actions and discourage others from engaging in similar conduct. These damages are rare in medical malpractice cases, however they may be awarded if juries find that the defendant's actions were particularly egregious.

If your child suffered an injury to their birth due to the negligence of a health care professional, you might want to speak with an experienced Atlanta birth injury lawyer as soon as possible. There is a strict deadline, known as the statute of limitations within which you can make a claim for birth injuries and the lawyer who handles these types of claims would be in a position to inform you of the timeframe you have left.