Birth Injury Lawsuits

When your child suffers a serious injury at birth due to medical negligence, the consequences can last a lifetime. Our Atlanta birth injury lawyers assist families seek compensation to pay for their medical bills for the long-term and future loss of earnings.

To establish a convincing case, we must prove that healthcare professionals failed to maintain a high standard of care. We gather evidence through eyewitness testimony as well as expert medical opinions and photos and videos.

Duty of Care

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

A physician who fails to meet the standard of care can be held liable for any injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation and a solid case based on credible evidence, including medical documents and eyewitness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and knows how to gather the required information quickly, while evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff has to establish four elements: 1) the doctor's duty to comply with the standard of care; two) an infringement of that duty occurred; 3) the defendant's breach directly caused the injury; and four) the injury caused damages. Each element must be established by an expert witness. They are medical professionals with extensive knowledge of their field and expertise in accepted procedures. A skilled birth injury attorney has experts across the country that they can use to testify in each case.

Although 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 could include the wrong diagnosis, inability to detect the presence of fetal distress, medication mistakes or surgical mistakes, or the failure to perform an emergency C-section when necessary.

Often, the damage suffered by the child could be significant. A caring Atlanta birth injury lawyer can help these families receive the compensation that they deserve for all their difficulties and losses. These losses could include medical expenses, loss of income as well as the cost of ongoing treatment and care in the form of pain and suffering and mental stress.

Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial assistance they need to pay the future medical bills. This includes hiring financial and medical experts to assess future and current losses and to develop a legal plan to pursue the maximum amount of compensation.

Breach of Duty

A duty is a legal obligation that arises from a relationship, such as the expectation that you pay your taxes or a duty not to steal. A medical professional who has the obligation to you must act in your best interests. In a lawsuit involving medical malpractice, failing to meet this standard is called 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 was obligated to provide a high standard of care, and that they acted in breach of the duty of care by acting negligently. The breach must also be connected to the injury sustained by the plaintiff, which requires establishing that the healthcare professional's actions or inaction deviated from what other medical professionals would have done in similar circumstances.

A doctor who refuses to request 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 case of birth injury.

A healthcare professional may also be guilty of a breach if they are reckless or display poor judgment. Examples include giving the wrong medication or mishandling a surgical procedure. In a lot of cases, medical professionals can prevent mistakes by being aware of the risks that could be posed to pregnant women.

A successful medical malpractice case can help families financially recover from a serious birth injury. Compensation can cover medical costs as well as ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount of compensation you are entitled to is contingent upon the extent and impact of the injury to your child. Our lawyers will review your case in detail, gather the evidence required, and determine how much you are entitled to in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement isn't reached, we will prepare for trial. If you believe the medical professional who treated your child was guilty of error, call us today to start your birth injury claim.

Causation

A birth injury lawsuit against a healthcare provider needs proving several legal elements. One of the most important elements is that the medical professional breached their duty to patients by failing to adhere to a reasonable standard of care in their specialty. This aspect of a medical malpractice case is established by expert testimony, and Atlanta birth injury lawyers will employ top experts in their fields to build a strong case for their clients.

The next element of a medical malpractice case 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 deviated from the accepted norms in their field that resulted in the victim being injured.

In order to win a medical malpractice lawsuit the plaintiff will be required to prove that the injuries are compensable under Georgia law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are usually awarded to cover expenses such as medical expenses, rehabilitation and ongoing treatment and loss of quality of life and lost earnings due to having to take off from work. Non-economic damages can be awarded for emotional distress, pain and discomfort, and mental anguish that results from the injury.

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

A dedicated Atlanta birth injury lawyer can aid parents whose children are born with a disability that is severe such as cerebral palsy or severe spinal injuries. They can also get financial aid to improve the quality of life for their child and to provide future medical expenses. A lawyer will diligently to investigate your situation and make a compelling claim against the parties responsible. They understand the research behind these injuries, the role that doctors and hospital staff play in them, and Atlanta birth injury lawyer how mistakes could affect the future of your family.

Damages

Medical errors can occur regardless of how well-intentioned the medical professionals may be. When they do, the results can be devastating to families. Their lives could be forever changed due to the injuries, and they will always need medical attention. The damages awarded can assist in paying for these costs and also compensate them for other losses.

A family may file a birth injury lawsuit to ensure that the healthcare professional is held accountable for his or her mistake and to recover financial compensation. The lawyer handling the case will collect all pertinent information including medical records. Once they have all this information, they will file the lawsuit with the court with the hospital and doctor as defendants. They will then ask for an agreement but there is no guarantee they will accept one.

In addition to economic damages, families may be awarded non-economic or pain and suffering damages. These damages are designed to compensate the family of a child for the emotional stress and trauma they suffered. Settlements aren't easy to calculate but a skilled lawyer can try to negotiate an appropriate settlement that compensates the child and/or parents for their losses.

There are also punitive damages that are intended to punish the person at fault for their indefensible behavior and discourage others from engaging in similar behavior. These damages are not common in medical malpractice cases, however they are awarded when the jury determines that the defendant's actions were particularly egregious.

If you believe that your child has suffered an injury related to birth due to the carelessness or negligence of a healthcare professional, it is important to speak with an Atlanta birth injury lawyer as quickly as possible. There is a specific deadline called the statute of limitations, within which you must submit a birth injury claim and the lawyer who handles these kinds of claims will be in a position to inform you of how long you have left.