Birth Injury Lawsuits

If your child sustains a serious injury in the birth due to medical negligence, the consequences can last a lifetime. Our Atlanta birth injury lawyers help families recover compensation to cover their medical expenses for the long term and loss of future earnings.

To make a convincing case, we must demonstrate that healthcare professionals did not uphold a high standard of care. We gather evidence through eyewitness testimony and expert medical opinions and photographs and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are required to provide patients with the standard of treatment. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations formulated by medical professionals' professional associations.

A doctor can be held liable for any injuries resulting from negligence if they fail to meet the standard. However an effective malpractice claim requires a thorough investigation as well as a solid case based on credible evidence, including medical records and witness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and knows how to quickly collect information, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements one of which is) that the doctor owed an obligation to adhere to the standard of care,) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and 4) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals with years of knowledge of their field and expertise in accepted methods. A qualified birth injury lawyer will have access to a nationwide network of expert witnesses that they can call to provide evidence.

While most birth injuries are the result of medical negligence, it's not uncommon for well-intentioned doctors to make mistakes and harm a child. These mistakes can include the wrong diagnosis or inability to recognize the presence of fetal stress and medication errors, surgical errors, or failure to perform a C-section in a hurry.

The damage that the child suffers is often severe. A caring Atlanta birth injury lawyer can help families receive the compensation that they are entitled to for all their losses and hardships. These losses can include medical expenses as well as lost income, lifelong treatment, mental anguish, and suffering and pain.

Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, get the financial support they need to pay the future medical bills. This includes hiring medical and atlanta birth injury attorneys financial experts to estimate their current and future losses and develop a sound legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from a relationship, such as an expectation that you pay taxes or not to steal. If a medical professional is obligated to you a duty, they have to take reasonable care to protect your best interests. In a medical malpractice case failing to meet this standard can be called negligence. Birth injuries, like cerebral palsy, birth-related disabilities, and others are caused by this.

In order to prove medical malpractice the plaintiff (in this instance, the mother of the child) must show that the healthcare professional was responsible for the highest standard of care, and that they acted in breach of the duty of care by committing negligence. The breach must be linked to the injury suffered, which means that the healthcare professional’s actions or inactions should have been different from what other doctors would have done in similar circumstances.

A doctor who fails to order an emergency C-section when both mother and child are in fetal distress is an example. This is the most typical type of medical malpractice alleged in a birth injury case.

A healthcare professional can also commit a breach when they act recklessly or show poor judgment. This could be due to administering incorrect medications or ignoring surgical procedures. In many instances the risk of negligence is avoided by medical professionals who are aware of the risks that can affect a birthing patient.

A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation can pay for medical expenses as well as ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are ready to assist victims in obtaining the compensation they are entitled to. The amount of damages you may be entitled to will depend on the severity and impact of your child's injury. Our lawyers will carefully review your case, gather required evidence, and then determine the amount of damages you are entitled to. We will then collaborate with you to negotiate an acceptable settlement. If no settlement is agreed upon, we will prepare to go to trial. If you believe that your child's medical provider committed error, call us today to begin your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional for birth injuries, you must demonstrate a variety of legal aspects. One of the most crucial elements is that the medical professional violated their obligation to patients by failing to adhere to a reasonable 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 seek out the top experts in their field to create a convincing case for their clients.

The next element of a medical malpractice case is causation, meaning that the negligent act or inactions caused injury to the patient. This is another crucial element and expert medical witnesses can prove that the medical professional strayed from the accepted standards of their field and led to the victim being injured.

In order for a medical malpractice claim to succeed, the plaintiff must also prove that their injuries were legally compensable under Georgia's law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are typically awarded to cover costs such as rehabilitation, medical expenses and ongoing treatment loss of quality of life and lost earnings due to having to take off from work. Non-economic damages are awarded for emotional distress or discomfort, and mental anguish that results from the injury.

A experienced Atlanta birth injury lawyer will review the medical documents to determine who was responsible for your child's injuries and will examine how these errors could have been avoided. Depending on the circumstances, the hospital or other healthcare professionals could be responsible for the malpractice.

A dedicated Atlanta birth injury lawyer can aid parents of children born with a severe disability such as cerebral palsy or severe spinal injuries. They can also seek financial aid to improve the quality of life their child and to provide future medical expenses. An attorney will look into your case and present a strong claim against the parties responsible. They are aware of the science behind these types 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

Medical errors can occur, no matter how well-intentioned the medical professionals may be. The consequences of mistakes made by medical professionals can be devastating for families. The injuries could alter their lives for the rest of their lives leaving them with a constant need for medical care and other expenses that will never end. The damages awarded can help them pay for those expenses and pay for other losses.

A family could bring a birth injury lawsuit to ensure that the healthcare professional is held accountable for the error and seek the financial compensation. The lawyer handling 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. They will then request a settlement but there is no guarantee they will accept one.

In addition to financial damages, a family could be awarded non-economic, Atlanta Birth injury attorneys pain and suffering damages. These damages are intended to compensate a child's family for the emotional distress and trauma they experienced. They aren't easy to determine, but a skilled lawyer could seek an appropriate settlement for the child's as well as his or her parents' losses.

There are also punitive damages which are designed to punish the person at fault for their indefensible actions and discourage others from engaging in similar actions. These damages are rare in medical malpractice cases, but they are awarded when the jury determines that the defendant's behavior was especially egregious.

If your child has suffered an injury during birth due to the negligence of a health professional, you might want to consult a specialized atlanta birth injury attorneys birth injury lawyer as soon as you can. There is a strict deadline known as the statute of limitations within which you must submit a birth injury claim, and the lawyer who handles these kinds of claims would be able to advise you on how long you have left.