Birth Injury Lawsuits

If your child is injured at birth as a result of medical negligence, it can have long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their medical expenses for the long term and loss of future earnings.

To establish a convincing argument, we must show that healthcare professionals failed to maintain the highest standards of care. We gather evidence through eyewitness testimony, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN doctors and medical personnel are required to offer patients the highest level of medical care. This obligation stems from healthcare laws and the rules and regulations imposed by medical professionals' professional organizations.

A physician who fails adhere to the standards of care may be held liable for any injuries caused by their negligence. A successful malpractice case will require a thorough investigation as well as a strong case based on credible evidence like medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and knows how to quickly gather information and efficiently, even though the evidence is still fresh.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the duty of the doctor to follow the standard of care; 2)) the breach of that duty occurred; 3) the breach of the defendant directly caused the injury and 4) the injury caused damages. In order to establish each element, they must have an expert witness. These experts are medical professionals who have 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 call to testify.

It is not unusual for doctors with good intentions to make errors that harm the child. These mistakes could include mistakes in diagnosis or failure to recognize fetal stress, medication errors, surgery mistakes, or inability to perform a C-section in a hurry.

Often, the damage suffered by the child may be substantial. 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, loss of income as well as the cost of ongoing medical treatment and care in the form of pain and suffering and mental anguish.

The attorneys at Grant Law Office are dedicated to helping victims of medical malpractice and their families get the financial support they need to pay for their future medical needs. This includes enlisting financial and medical experts to estimate their future and current losses and devise a sound legal strategy to seek the maximum amount of compensation.

Breach of Duty

A duty is an obligation that arises from a relationship. For example the obligation to pay taxes or not to steal. A medical professional who owes the obligation to you must act in your best interests. In a medical malpractice case, failure to meet 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 instance the child's mother) must demonstrate that the healthcare provider had a duty of care, and that the healthcare professional breached this duty by acting negligently. The breach must also be connected to the injury 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 in similar circumstances.

A doctor who fails order an emergency C section when both mother and child are in fetal distress is an example. This is the most frequent kind of medical malpractice that is claimed in a birth injury case.

A healthcare professional can also be guilty of a breach if they are reckless or display poor judgment. This can include administering incorrect medications or ignoring surgical procedures. In many cases, negligence is preventable when medical professionals are aware of the dangers that can affect a birthing patient.

A successful medical malpractice claim can help families financially recover from a serious birth injury. Compensation could cover medical expenses as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury attorneys are prepared to assist victims get the compensation they deserve. The amount you are entitled to will depend on the severity and impact of your child's injuries. Our lawyers will review your case with care, collect the required evidence and determine the amount you are entitled to in damages. We will then work with you to negotiate an acceptable settlement. If a settlement is not agreed upon, we will prepare to go to trial. If you believe that the medical professional who treated your child was guilty of error, call us today to begin your birth injury claim.

Causation

Bringing a birth injury lawsuit against a healthcare professional requires the proof of several legal elements. One of the most important elements is that the medical professional failed to adhere to a reasonable standard in their field of expertise. Expert testimony is used to establish this aspect of medical malpractice claims. atlanta birth injury lawsuit birth injury attorneys will seek out the top experts in their field to construct a convincing case for their clients.

The next element of a medical malpractice case is causation, meaning that the negligent act or inactions led to an injury to the patient. This is an essential element and expert medical witnesses can be able to prove that the medical professional deviated from the accepted standards of care in their area, which caused the victim to suffer an injury.

To win an action for medical malpractice, the plaintiff will also have to prove that their injuries are compensable under Georgia law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss in quality of life and lost wages due time off work. Non-economic damages can be awarded to cover emotional suffering, distress and mental stress due to the injury.

A skilled Atlanta birth injuries lawyer will scrutinize the medical records to determine who is responsible for the injuries your child sustained and the ways they could have been avoided. Based on the circumstances the other healthcare professionals or even the hospital itself could be held accountable for the malpractice committed by the doctor.

If a child of a parent is born with a severe condition, such as cerebral palsy or a serious spinal cord injury or other mental or physical disabilities, an experienced Atlanta birth injury attorney can help them obtain financial assistance to improve the quality of their child's life and provide for future medical needs. A lawyer will diligently to analyze your situation and bring an argument that is persuasive against the responsible parties. They are aware of the research behind these injuries, the role that hospital staff and doctors play in them, and how mistakes can impact the future of your family.

Damages

Medical mistakes can happen regardless of how well-intentioned the doctors may be. When they do, the consequences could be devastating for families. Their lives can be forever altered by the injuries and they will always need medical attention. The compensation they receive will help them pay for these expenses and compensate for their other losses.

A family can bring a birth injury lawsuit to hold the healthcare professional responsible for his or her mistake and to seek financial compensation. The lawyer who handles the case will first gather all relevant information, including medical records. Once they have collected all the information they will bring a lawsuit to court and name both the hospital and the doctor as defendants. After this, they will ask for an amount for a settlement, but there is no guarantee that they will accept one.

A family could be awarded pain and suffering damages or non-economic damages in addition economic damages. These are intended to compensate for the emotional trauma and distress that the child and his or her family endured. Settlements aren't easy to calculate, but a knowledgeable lawyer could try to get an appropriate settlement that compensates the child and/or parents for their losses.

There are also punitive damages which are designed to punish the party at fault for his or her egregious conduct and deter others from engaging in similar conduct. These damages are uncommon in medical malpractice cases, but they may be awarded if a jury finds that the defendant's actions were particularly indecent.

If your child has suffered a birth injury because of the negligence of a medical professional, you should to contact a dedicated Atlanta birth injury lawyer as soon as possible. The statute of limitations is the time limit to file your claim for birth injury. Your lawyer can tell you how much time you have.