Birth Injury Lawsuits
If your child suffers a serious injury at birth due to medical negligence, the repercussions could last for a lifetime. Our Atlanta birth injury lawyers help families obtain compensation for long-term medical expenses and loss of future income.
In order to build a strong case we must show that healthcare providers failed to ensure a high standard of care. We gather evidence through eyewitness accounts, medical experts’ opinions, photos and videos.
Duty of Care
OB-GYN doctors and medical personnel are required to provide patients with the standard of medical care. This obligation stems from the laws that govern the healthcare industry and the rules and regulations formulated by medical professionals’ professional organizations.
A physician who fails adhere to the standards of care may be held liable for any injuries caused through their negligence. A successful malpractice claim will require a thorough investigation and a convincing case that is based on reliable evidence such medical records and eyewitness testimonies. An atlanta birth injury attorneys birth injury lawyer is skilled in investigating these cases and knows how to gather all the necessary details quickly, while the evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four elements: 1)) the duty of the doctor to comply with the standards of care; 2) the breach of that duty occurred; 3) the breach of the defendant directly caused the injury; and 4) the injury led to damages. The determination of each of these elements requires an expert witness. These experts are medical professionals who have extensive experience and know-how in their field. A skilled birth injury lawyer will have access to a nationwide network of expert witnesses they can call to be a witness.
Although the majority of birth injuries are the result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes and hurt children. These errors can result in mistakes in diagnosis or failure to recognize fetal stress and medication errors, surgical errors, or failure to perform a C-section in a hurry.
The harm that a child suffers can be devastating. A compassionate Atlanta birth injury attorney can help these families receive the compensation they deserve for their losses and hardships. These losses can include medical expenses, lost income, lifelong treatment, mental anguish and suffering and pain.
Grant Law Office is dedicated to helping victims of medical malpractice, and their families, receive the financial aid they require to pay their medical bills in the future. This includes bringing in medical and financial experts to estimate their current and future losses and create a solid legal strategy to seek the highest amount of compensation.
Breach of Duty
A duty is an obligation legally enforceable that stems from an agreement, like the expectation that you pay taxes or not to steal. A medical professional who owes the obligation to you must act in your best interests. In a lawsuit involving medical malpractice 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 the highest level of care, and that they breached that duty by committing negligence. The breach must be connected to the injury suffered and the healthcare professional’s actions or inactions have to have been different from what other doctors would have done in similar situations.
A doctor who fails order an emergency C section when both mother and child are in fetal distress is a prime instance. This is the most frequent kind of medical malpractice that is claimed in a birth injury case.
A healthcare professional may also be guilty of a breach if they are reckless or display poor judgment. This could include administering improper medication or mishandling surgical procedures. In a lot of cases, negligence is preventable by medical professionals who are aware of the risks that could affect a newborn patient.
A successful medical malpractice claim can help a family financially recover from a severe birth injury. Compensation can cover medical expenses as well as ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The amount you could be entitled to will depend on the severity and the impact of your child’s injuries. Our attorneys will examine your case in detail, gather all the evidence needed, and determine how much you are owed in damages. We will then negotiate an equitable settlement with you. If a settlement isn’t reached, we will prepare for trial. If you believe that your child’s medical provider committed error, call us today to start your birth injury claim.
Causation
In order to bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most important elements is that a medical professional did not to meet a reasonable standard within their area of expertise. Expert evidence is used to prove the basis of an action for medical malpractice. Atlanta birth injury attorneys will consult with the top experts in their field to construct a convincing case for their clients.
The second element of a claim for medical malpractice is causation, meaning that the negligent act or inactions led to an injury to the patient. This is an additional crucial element, and expert medical witnesses can prove that the medical professional strayed from the accepted standards in their field which caused the victim to be injured.
In order to win a medical malpractice case the plaintiff will have to prove that their injuries are compensated under Georgia law. The compensation for medical malpractice can comprise both economic and other damages. Economic damages are typically awarded to cover expenses like medical expenses, rehabilitation of ongoing treatment loss of quality of life, and lost wages resulting from taking time off work. Non-economic damages can be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.
A competent Atlanta birth injury lawyer will examine the medical records to determine who is responsible for your child’s injuries and what could have been done to prevent them from being avoided. Based on the circumstances, the hospital or other healthcare professionals could be responsible for the malpractice.
If a child of a parent is born with a severe condition, such as cerebral palsy or a serious spinal cord injury, or any other mental or physical disability, a dedicated Atlanta birth injury attorney can assist them in obtaining financial assistance to improve the quality of their child’s life and to cover future medical needs. A lawyer will investigate your case and make an effective claim against the accountable parties. They understand the research behind these injuries, the role that doctors and hospital staff play in them, and Atlanta birth injury attorneys how mistakes can impact the future of your family.
Damages
Regardless of how well-intentioned doctors are, atlanta birth injury Attorneys medical errors occur. The consequences of medical errors can be devastating for families. Their lives could be forever altered by the injuries, and they will continue to require medical attention. The compensation awarded could assist in paying for these costs and help them recover for other losses.
A family may start a lawsuit for birth injuries to make the healthcare professional accountable for his or her mistake and to seek the financial compensation. The attorney handling the case will collect all pertinent information, including medical records. Once they have all the information, they will file the lawsuit with the court including the doctor and hospital as defendants. After that, they’ll ask for an amount for a settlement, but there is no guarantee that they will agree to one.
A family may be awarded pain and suffering damages or non-economic damages in addition to economic damages. These damages are meant to compensate the family of a child for the emotional stress and trauma they experienced. Settlements aren’t easy to calculate, but a knowledgeable lawyer can try to negotiate a fair settlement to compensate the child and/or parents for their losses.
There are also punitive damages, which are designed to penalize the at-fault party for their egregious conduct and deter others from engaging in similar actions. These damages are not common in medical malpractice cases, however they are awarded when juries find that the defendant’s behavior was particularly indecent.
If your child has suffered an injury to their birth due to the negligence of a health professional, you may want to contact a dedicated Atlanta birth injury attorney as soon as possible. The statute of limitations is the date for filing your birth injury claim. Your lawyer will be able tell you how much time you still have.