Birth Injury Lawsuits

When your child suffers an injury that is serious at birth due to medical negligence, the effects can be a long-lasting issue. Our Atlanta birth injury attorneys help families seek compensation for their long-term medical bills and future loss of income.

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

Duty of Care

OB-GYN doctors and medical personnel have a duty to provide patients with the highest standard of treatment. This obligation is derived from the laws that regulate the healthcare industry and the rules and regulations set by medical professionals' professional associations.

A doctor who fails to meet the standards of care may be held accountable for injuries caused due to their negligence. However an effective malpractice claim requires a thorough investigation as well as an argument that is based on evidence that is credible, such as medical documents and eyewitness testimony. A birth injury lawyer in atlanta birth injury lawsuit is familiar with the investigation of these cases and knows how to gather information quickly, while the evidence is still fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements one of which is) that the doctor was under obligation to observe the standard of care, 2)) that a breach occurred, 3) the defendant breach directly caused the injuries and four) damages were triggered by the injuries. In order to establish each element, they must have an expert witness. These experts are medical professionals with extensive experience in their field as well as familiarity with accepted practices. A competent birth injury lawyer has experts across the nation who they can rely on to testify in each case.

It is not unusual for doctors with good intentions to make mistakes that harm children. These errors could be due to the wrong diagnosis, inability to detect the presence of fetal distress, medication mistakes or surgical mistakes, or the inability to perform an emergency C-section if required.

The harm that a child suffers is often 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 loss of income, permanent treatment, mental anxiety, and pain and suffering.

The lawyers at Grant Law Office are dedicated to helping those affected by medical malpractice as well as their families receive the financial support they need to pay for their future medical expenses. This includes bringing in medical and financial experts to assess the current and future losses and develop a legal strategy to pursue the maximum amount of compensation.

Breach of Duty

A duty is an obligation that arises out of a relationship. For instance, a duty to pay taxes or not steal. If a medical professional owes you a duty, they must take reasonable care to protect your best interests. In the case of medical malpractice the failure to adhere to this standard can be called negligence. Birth injuries, such as cerebral palsy and birth-related disabilities are caused by this.

In order to prove medical malpractice the plaintiff (in this instance, the mother of the child) must demonstrate that the healthcare professional owed her a high standard of care, and that they breached the duty of care in their negligence. The breach must also be linked to the injuries that the plaintiff suffered and prove that the healthcare professional's actions or lack of action differed from what other medical experts would have done in similar circumstances.

One example of this is the doctor who does not order an emergency C-section when the mother and baby are experiencing fetal distress. This is the most typical kind of medical malpractice that is alleged in a birth injury case.

Another kind of breach occurs when a healthcare professional acts recklessly or displays poor judgment. This can include administering incorrect medication or mishandling surgical procedures. In many instances medical professionals can avoid mistakes by being aware of the potential risks for pregnant women.

A successful medical malpractice case can aid a family financially to recover from a serious birth injury. Compensation could cover medical expenses and ongoing therapy, as well as assistive equipment, and other expenses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they deserve. The amount you will receive depend on the severity of your child's injuries as well as the impact they will affect their lives going forward. Our lawyers will review your case in detail, gather all the evidence needed, and determine how much you are due in damages. We will then negotiate an equitable settlement with you. If a settlement is not reached, we will prepare to go to trial. If you believe your child's medical provider committed error, call us today to start your birth injury claim.

Causation

The process of bringing a birth injury lawsuit against a healthcare provider requires the presentation of a number of legal aspects. One of the most important elements is that the medical professional violated their obligation to patients by failing to adhere to the appropriate standard of care within their specialty. Expert testimony is used to establish this aspect of a claim for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to build a strong argument for their clients.

The second element of a medical malpractice claim is causation, which means that the negligence or inactions caused injury to the patient. This is an additional crucial element, and expert medical witnesses can prove that the medical professional departed from the accepted standards of their field and caused the victim to be injured.

In order to prevail in a medical malpractice lawsuit the plaintiff will have to prove that their injuries are compensated under Georgia law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are awarded to cover medical expenses and ongoing treatment, as well as 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 injuries lawyer will examine the medical records in order to determine who is accountable for your child’s injuries and what could have been done to prevent them from being avoided. Based on the circumstances, other healthcare professionals or even the hospital itself may be accountable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can assist parents who have a child born with a serious disability like cerebral palsy or a serious spinal injury. They can also seek financial aid to improve the quality of life of their child as well as to pay future medical expenses. An attorney will look into your case and file a strong claim against the parties responsible. They know the science behind these injuries, the role doctors and hospital staff plays in their care, and how a mistake could affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical errors occur. The consequences of medical errors can be devastating for families. Their lives can be forever changed by the injuries and they will always need medical care. The damages that are awarded can help them pay for those expenses and help them recover from other losses.

A family can start a lawsuit for birth injury to hold a healthcare professional accountable for their error and to receive financial compensation. The lawyer who handles the case will gather all relevant information including medical records. Once they have gathered all the information they will bring a lawsuit to court, naming both the doctor and the hospital as defendants. After this, they will ask for an amount for a settlement, but there is no guarantee that they will accept one.

In addition to the economic damages, a family could be awarded non-economic or pain and suffering damages. These damages are intended to compensate the family of a child for the emotional stress and trauma they endured. These settlements can be difficult to calculate, but a knowledgeable lawyer could try to get an appropriate settlement that compensates the child and his or parents for the losses they suffered.

Punitive damages are meant to punish the party who was at fault for their insidious behaviour and deter others from engaging in similar conduct. These are uncommon in medical malpractice cases, however they can be awarded if a jury believes that the defendant's actions were particularly egregious or reckless.

If your child sustained an injury to their birth because of the negligence of a medical professional, you should to speak with an experienced Atlanta birth injury attorney immediately. The statute of limitations is the time limit for filing your claim for birth injury. Your lawyer will be able to tell you the amount of time you have.