Birth Injury Lawsuits

If your child suffers a serious injury during birth due to medical negligence, the repercussions could last a lifetime. Our Atlanta birth injury lawyers can help families seek compensation to pay for their medical expenses for the long term and lost future earnings.

To establish a convincing argument, we must show that healthcare professionals did not adhere to a high standard of 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 highest standard of care for their patients. This obligation stems from the laws that regulate the healthcare industry, and the rules and regulations formulated by medical professional associations.

A physician who fails adhere to the standards of care may be held accountable for injuries caused due to their negligence. However, a successful malpractice claim requires a thorough investigation as well as an argument that is based on evidence that is credible, such as medical documents and witness testimony. A birth injury lawyer in Atlanta is experienced in investigating these cases and understands how to quickly collect information, while the evidence is still in its infancy.

In a Georgia malpractice lawsuit, the plaintiff has to prove four things that include: 1)) that the doctor had obligation to observe the standard of care, 2)) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and four) damages were caused by the injuries. Each element must be established by an expert witness. These experts are medical professionals who have extensive experience and know-how in their field. A qualified birth injury attorney will have a network of expert witnesses across the country that they can rely on to testify in each case.

It is not unusual for doctors with good intentions to make errors that cause harm to children. These errors can include misdiagnosis, failure to detect fetal distress, medication errors surgical errors, the inability to perform an emergency C section when needed.

The damage caused by the child could be substantial. A compassionate Atlanta birth injury lawyer can assist families to receive the compensation they are entitled to for their hardships and losses. These losses could include medical expenses as well as lost income, lifelong treatment, mental anxiety, and pain and suffering.

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

Breach of Duty

A duty is an obligation that is borne out of an existing relationship. For example it is a duty to pay taxes or not steal. When a medical professional owes you an obligation, they must take reasonable care to protect your best interests. In a medical malpractice lawsuit the failure to adhere to this standard is referred to as 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 case, the mother of the child) must show that the healthcare professional was responsible for a high level of care, and that they acted in breach of that duty by acting negligently. The breach must be connected to the injury suffered by the healthcare professional’s actions or inactions should differ from what other doctors would have done in similar situations.

A doctor who fails request 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 that is accused in birth injuries.

Another form of breach occurs when medical professionals act recklessly or displays poor judgment. This could include administering improper medications or ignoring surgical procedures. In a lot of cases it is possible to avoid negligence when medical professionals are aware of the dangers that could affect a pregnant patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical expenses and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims receive the compensation they need. The damages you could receive will 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 in detail, gather the evidence required and determine the amount you are entitled to in damages. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached we will prepare for trial. If you believe that your child's medical provider committed error, call us today to get started on your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you must establish a number of legal elements. One of the most crucial elements is that the medical professional violated their duty to patients by failing to adhere to the appropriate standard of care in their specialty. Expert testimony is used to establish this element of medical malpractice claims. atlanta birth Injury Attorneys (squareblogs.Net) will seek out the top experts in their field to construct an argument that is convincing for their clients.

Causation is the next element in the medical malpractice case. This means that the negligent actions or the failure to act, directly led to an injury for the patient. This is another crucial element and expert medical witnesses can provide evidence that the medical professional strayed from the accepted norms in their field that led to the victim being injured.

In order for a medical malpractice claim to succeed, the plaintiff must also demonstrate that their injuries were legal under Georgia's law. Compensation for medical malpractice damages could include both economic and other damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss in quality of life, as well as lost wages due time off work. Non-economic damages are awarded to compensate for emotional suffering, pain and distress and mental trauma due to the injury.

A experienced Atlanta birth injuries lawyer will review the medical records to determine who is responsible for your child’s injuries and how they could have been prevented. Depending on the circumstances the hospital or other healthcare professionals could be accountable for the negligence.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a severe disability like cerebral palsy, or an injury to the spine that is serious. They can also seek financial aid to improve the quality of life for their child and to provide for future medical expenses. A lawyer will examine your case and make an effective claim against the accountable parties. They know the science behind these kinds of injuries, the roles hospital staff and doctors are involved in, and the consequences of a mishap can affect the future of your family.

Damages

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

A family may start a lawsuit for birth injury to hold a medical professional accountable for their mistake and also to get financial compensation. The attorney handling the case will gather all pertinent information, including medical records. Once they have gathered all the information and have it all, they will bring a lawsuit to court with the hospital and the doctor as defendants. After this, they will seek an amount of settlement, although there is no guarantee they will accept one.

A family may be awarded pain and suffering damages or non-economic damages in addition economic damages. These damages are intended to compensate the family of a child for the emotional distress and trauma they experienced. They aren't easy to determine but a savvy lawyer can try to negotiate an appropriate settlement for the child's as well as his or parents' losses.

Punitive damages are intended to penalize the party at fault for their egregious behavior and discourage others from engaging in similar behavior. They are not common in medical malpractice cases, but may be awarded if a jury is convinced that the defendant's actions were particularly egregious or reckless.

If your child has suffered an injury to their birth because of the negligence of a health professional, you may want to speak with an experienced Atlanta birth injury attorney immediately. The statute of limitations is the deadline by which you must file your birth injury claim. Your lawyer will be able to tell you the amount of time you have.