Birth Injury Lawsuits

If 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 can help families recover compensation for their long-term medical bills and future loss of income.

To build a strong case, we must demonstrate that healthcare professionals did not adhere to the highest standards of medical care. We gather evidence from eyewitness testimony, 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 that govern the healthcare industry and the rules and regulations imposed by medical professionals and professional institutions.

A doctor could be held responsible for any injuries resulting from negligence if they fail to meet the standard. However the successful claim for malpractice requires a thorough investigation as well as a solid case based on credible evidence, including medical records and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases, and they know how to gather the required information quickly while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four things: 1) that the doctor owed a duty to follow the standard of care,) that there was a breach, 3) the defendant breach directly caused the injuries, and four) damages were caused by the injuries. Each element must be determined by an expert witness. They are medical professionals who have extensive experience and know-how in their area of expertise. A competent birth injury lawyer will have access to a nationwide network of expert witnesses they can rely on to provide evidence.

It is not uncommon for doctors with good intentions to make mistakes that cause harm to children. These errors can include misdiagnosis, failure to detect the signs of distress in the fetus, medication errors or surgical mistakes, or the inability to perform an emergency C-section when required.

The harm that a child suffers can be severe. A caring Atlanta birth injury lawyer can help families get the compensation they are entitled to for all their troubles and losses. These losses could include medical expenses, lost income, lifelong treatment, mental anxiety, and suffering and pain.

The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice and their families receive the financial assistance they require to pay for their future medical needs. This includes hiring financial and medical experts to assess current and future losses, and develop a legal strategy to obtain the highest amount of compensation.

Breach of Duty

A duty is an obligation legally enforceable that stems from a relationship, such as an expectation that you will pay taxes or a promise not to take something from someone else. A medical professional who owes an obligation to you must act in your best interests. In a lawsuit involving medical malpractice, failing to meet this standard is referred to as 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 demonstrate that the healthcare professional owed her an exceptional standard of care, and that they violated the duty of care by acting negligently. The breach must also be correlated to the injury that the plaintiff suffered and this requires proving that the healthcare professional's actions or inaction differed from what other medical professionals would have done under similar circumstances.

A doctor who refuses to to order an emergency C-section when both mother and child are in distress is an example. This is the most typical form of medical malpractice being alleged in birth injury cases.

Healthcare professionals can also be guilty of a breach if they make rash decisions or exhibit poor judgment. Examples of this include putting in the wrong medication or mishandling an operation. In many cases it is possible to avoid negligence by medical professionals who are aware of the risks that could affect a newborn patient.

A successful medical malpractice claim can help families financially recover from a serious birth injury. Compensation can pay for medical expenses and ongoing therapy, as well as assistive equipment, and many other losses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The amount of damages you may be entitled to will depend on the severity and the impact of your child's injuries. Our lawyers will review your case carefully, gather the required evidence and determine the amount you are due in damages. We will then assist you in negotiating a fair settlement. If a settlement is not reached, we will prepare for trial. If you believe that the medical professional treating your child committed negligence, please contact us now to begin your birth injury claim.

Causation

To bring a lawsuit against a healthcare professional over a birth injuries, you must prove several legal elements. One of the most crucial elements is that the medical professional breached their duty to patients by failing to adhere to the appropriate standard of care in their area of expertise. Expert testimony is used to establish this aspect of an action for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to create a strong argument for their clients.

The next element of a medical malpractice claim is causation, meaning that the negligent actions or failures to act directly resulted in injury to the patient. This is another crucial element and expert medical witnesses can provide evidence that the medical professional departed from the accepted standards of their field and led to the victim being injured.

For a medical malpractice claim to succeed the plaintiff must prove that their injuries were legally compensable under Georgia's law. The compensation for medical malpractice can include both economic and other damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, as well as lost wages due time off work. Non-economic damages may be awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.

A competent Atlanta birth injury lawyer will investigate the medical records to determine who is accountable for your child's injuries, and they will look into how these mistakes could have been avoided. Based on the circumstances, the hospital or other healthcare professionals may be responsible for the malpractice.

If a child is born with a severe condition such as cerebral palsy, serious spinal cord injury or other mental or physical disabilities, a dedicated Atlanta birth injury attorney can help them get financial assistance to enhance their child's quality of life and help with future medical needs. An attorney will be diligent to investigate your situation and make a compelling claim against the accountable parties. They know the science behind these types of injuries, the roles that doctors and hospital staff play in them and how the consequences of a mishap can affect the future of your family.

Damages

Whatever the best intentions of doctors are, medical errors occur. When they do, the consequences could be devastating for families. Their lives could be forever altered by the injuries and they will continue to require medical attention. The compensation they receive will help them pay for those expenses and pay for other losses.

A family can start a lawsuit for birth injury to hold a healthcare professional accountable for their negligence and also to get financial compensation. The lawyer who handles the case will first gather all relevant information including medical records. Once they have all this information, they will file the lawsuit with the court, naming the hospital and the doctor as defendants. After that, they'll request an amount for a settlement, but there is no guarantee that they will agree to a settlement.

A family could be awarded damages for pain and suffering, or non-economic damages in addition economic damages. These are intended to compensate for the emotional trauma and stress that the child and family suffered. These aren't easy to determine but a savvy lawyer could seek an equitable settlement for the child's or her parents the losses.

Punitive damages are meant to penalize the party at fault for their egregious behavior and discourage others from engaging in similar conduct. These are uncommon in medical malpractice cases, however they can be awarded if a 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 medical professional, you might want to speak with an experienced Atlanta birth injury lawyer as soon as you can. There is a time limit, known as the statute of limitations within which you have to make a claim for birth injuries and the attorney who handles these types of claims will be competent to tell you the timeframe you have left.