Birth Injury Lawsuits
When your child is injured during birth as a result of negligence by a medical professional, it can have long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their medical bills for the long-term and future loss of earnings.
To make a convincing argument, we must show that healthcare professionals did not uphold a high standard of care. We gather evidence by obtaining eyewitness testimony as well as expert medical opinions and photographs and videos.
Duty of Care
Medical staff and OB-GYN doctors are required to provide the highest standard of care for their patients. This obligation stems from healthcare laws and the rules and regulations imposed by medical professionals professional institutions.
A doctor can be held liable for any injuries resulting from negligence if they fail adhere to the standard. However an effective malpractice claim requires a thorough investigation and an argument that is based on evidence that is credible, such as medical records and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to quickly collect information and efficiently, even though the evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff has to prove four things one of which is) that the doctor was under obligation to observe the standard of care,) that there was a breach, 3) the breach of the defendant directly triggered injuries and 4) damages were triggered by the injuries. Each element must be determined by an expert witness. They are medical professionals with years of knowledge of their field and knowledge of accepted methods. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to testify.
Although the majority of birth injuries result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes and hurt a child. These mistakes could include the wrong diagnosis or inability to recognize fetal stress, medication errors, surgery mistakes, or inability to perform an urgent C-section.
The harm that a child suffers is often severe. A compassionate Atlanta birth injury attorney can help families get the compensation they are entitled to for their losses and hardships. These losses could include medical expenses loss of income, permanent treatment, mental anguish and pain and suffering.
The lawyers at Grant Law Office are dedicated to helping victims of medical malpractice as well as their families get the financial support they need to cover their future medical needs. This includes hiring financial and medical experts to assess future and current losses and develop a legal strategy to seek maximum compensation.
Breach of Duty
A duty is a legal obligation that arises from an agreement, like an expectation that you will pay your taxes or a duty not to rob. A medical professional who has an obligation to you must act in your best interests. In a medical malpractice case the failure to adhere to this standard can be called negligence. This is what causes birth injuries, including cerebral palsy and other birth-related disabilities.
In order to prove medical malpractice, the plaintiff (in this case, the mother of the child) must demonstrate that the healthcare professional was obligated to provide the highest level of care, and that they breached this duty in their negligence. The breach must be linked to the harm suffered, which means that the healthcare professional’s actions or inactions must be different from what other doctors would have done in similar circumstances.
A doctor who refuses to to order an emergency C-section when both mother and child are in fetal distress is one example. This is the most typical kind of medical malpractice accused in birth injuries.
A healthcare professional can also commit a breach when they are reckless or display poor judgment. This could include administering improper medication or mishandling surgical procedures. In many cases, medical professionals can prevent from committing a mistake by being aware the possible risks 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 equipment, and other losses. Our Atlanta birth injury attorneys are available to assist victims receive the compensation they need. The damages you could get depend on the severity of your child’s injuries as well as the impact they’ll have on their life in the future. Our attorneys will carefully examine your case, gather relevant evidence, and determine the amount of damages you are owed. We will then assist you in negotiating an acceptable settlement. If a settlement cannot be agreed upon, we will prepare for trial. Contact us today if you think your child’s doctor has was negligent.
Causation
To bring a lawsuit against a healthcare professional for birth injuries, you must prove several legal elements. One of the most important elements is that the medical professional violated their duty to patients by not adhering to an acceptable standard of care within their area of expertise. 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 construct a strong argument for their clients.
Causation is the next element in a medical malpractice case. This means that the negligent act or inactions directly resulted in injuries to the patient. This is a crucial aspect and medical experts can prove that the medical professional departed from the accepted norms in their field that led to the victim being injured.
To win a medical malpractice case, the plaintiff will also need to prove that their injuries are compensated under Georgia law. Compensation for medical malpractice could include both economic and other damages. Economic damages are awarded to pay for medical expenses, ongoing treatment, loss in quality of life, as well as lost wages due to time off work. Non-economic damages are awarded to cover emotional suffering, pain and distress, and mental anguish related to the injury.
A experienced Atlanta birth injury lawyer will examine the medical records to determine who is responsible for your child’s injuries and will look into how these mistakes could have been prevented. Depending on the circumstances, the hospital or other healthcare professionals could be accountable for the error.
When a person’s child is born with a severe condition, such as cerebral palsy, serious spinal cord injury, or any other mental or physical disability, a dedicated Atlanta birth injury lawyer can help them obtain financial aid to enhance their child’s quality of life and help with future medical needs. A lawyer will work diligently to analyze your situation and file an argument that is persuasive against the parties responsible. They understand the science behind these injuries, the roles that hospital staff and doctors play in their care, and how a mistake can impact the future of your family.
Damages
Medical errors can occur regardless of how well-intentioned the medical professionals may be. If they do, Atlanta Birth Injury Lawsuit the results could be devastating for families. Their lives may be forever changed due to the injuries, and they will require medical attention. The compensation they receive will allow them to pay for these expenses as well as help them recover from other losses.
A family can start a lawsuit for birth injury to hold a medical professional accountable for their mistake and to receive financial compensation. The lawyer who handles the case will collect all relevant information including medical records. Once they have gathered all the information they will present a lawsuit in court with the hospital and the doctor as defendants. After this, they will request a settlement amount, though there is no guarantee they will agree to one.
In addition to economic damages, a family could be awarded non-economic or pain and suffering damages. These damages are meant to compensate the family of a child for the emotional pain and trauma they experienced. They can be a challenge to estimate however, a skilled lawyer can try to negotiate a fair settlement for the child’s and his or her parents the losses.
There are also punitive damages which are designed to punish the party at fault for their egregious conduct and deter others from engaging in similar actions. These are uncommon in medical malpractice cases but may be awarded if a jury is convinced that the defendant’s actions were particularly reckless or egregious.
If your child suffered a birth injury due to the negligence of a medical professional, you may want to contact a dedicated Atlanta birth injury Lawsuit birth injury lawyer as soon as possible. There is a time limit, known as the statute of limitations, within which you can make a claim for birth injuries and the lawyer who handles these kinds of claims would be competent to tell you the timeframe you have left.