Birth Injury Lawsuits
When your child suffers a serious injury during birth due to medical negligence, the consequences can last for a lifetime. Our Atlanta birth injury lawyers can help families recover compensation to cover their medical bills for the long-term and future loss of earnings.
In order to build a convincing case, we need to demonstrate that healthcare providers failed to keep up with the highest standards of 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 staff have a duty to provide patients with the standard of medical care. This obligation stems from laws governing the healthcare industry as well as the rules and regulations established by medical professionals and professional organizations.
A physician who fails adhere to the standards of care could be held liable 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 eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in investigating these cases and understands how to gather information quickly while the evidence is still in its infancy.
In a Georgia malpractice lawsuit, the plaintiff is required to establish four elements: 1) that the doctor owed a duty to follow the standard of care, 2)) that a breach occurred, atlanta birth injury lawyers 3) the breach of the defendant directly caused the injuries and 4) damages were triggered by the injuries. In order to establish each element, they must have an expert witness. They are medical professionals with years of experience in their field and expertise in accepted practices. A competent birth injury lawyer has a network of expert witnesses across the country that they can use to testify in every case.
It is not uncommon for doctors with good intentions to make errors that harm the child. These errors could be due to the wrong diagnosis, inability to detect the presence of fetal distress, medication mistakes surgical errors, the failure to perform an emergency C section when necessary.
The harm suffered by the child could be substantial. A caring Atlanta birth injury lawyer can help families receive the compensation that they deserve for all their troubles and losses. These losses could include medical expenses loss of income, permanent treatment, mental anguish and pain and suffering.
Grant Law Office is dedicated to helping patients affected by medical malpractice, as well as their families, get the financial support they need to cover the future medical bills. This includes enlisting experts in the field of medicine and finance to assess their current and future losses and create a solid legal strategy for seeking maximum compensation.
Breach of Duty
A duty is an obligation legally enforceable that stems from a relationship, such as an expectation that you will pay your taxes or a duty not to take something from someone else. A medical professional who owes the obligation to you must act in your best interests. In the event of a medical malpractice lawsuit the failure to adhere to this standard could be deemed 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 instance the mother of the child) must prove that the healthcare professional owed her a high level of care and that they violated that duty in their negligence. The breach must also be correlated to the injury suffered by the plaintiff, which requires establishing 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 failure of a doctor to request an emergency C-section if the mother and baby are in fetal distress. This is the most common kind of medical malpractice that is alleged in birth injury cases.
A healthcare professional may also commit a breach when they make rash decisions or exhibit poor judgment. This can include administering incorrect medication or handling surgical procedures in a way that is not safe. In many instances it is possible to avoid negligence by medical professionals who are aware of the risks that could affect a newborn patient.
A successful medical malpractice case can aid a family in recovering financially from a serious birth trauma. Compensation could cover medical costs, ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury lawyers are prepared to help victims receive the compensation they deserve. The amount of damages you may be entitled to depends on the severity and Atlanta birth injury lawyers the impact of your child’s injury. Our attorneys will thoroughly review your case, gather the relevant evidence, and determine what damages you are owed. We will then negotiate an equitable settlement with you. If a settlement isn’t reached we will prepare for trial. If you believe that the medical professional treating your child committed error, call us today to start your birth injury claim.
Causation
Bringing a birth injury lawsuit against a healthcare professional requires the presentation of a number of legal aspects. One of the most crucial elements is that the medical professional violated their duty to patients by failing to adhere to an acceptable standard of care within their specialty. This aspect of a medical malpractice case is proven through evidence from experts, and Atlanta birth injury lawyers consult top-tier experts in their fields to create a compelling case for their clients.
The next element of a medical malpractice claim is causation, meaning that the negligent act or inactions caused injury to the patient. This is a crucial aspect, and expert medical witnesses can provide evidence that the medical professional deviated from the accepted standards of their field and caused the victim to be injured.
In order for a claim based on medical malpractice to succeed the plaintiff must show that their injuries are legally compensable under Georgia’s law. The compensation for medical malpractice may include both economic and non-economic damages. Economic damages are usually awarded to cover costs such as medical expenses, rehabilitation, ongoing treatment loss of quality of life and lost wages due to taking time off work. Non-economic damages are awarded to compensate for emotional suffering, pain and distress and mental stress due to the injury.
A competent Atlanta birth injury lawyer will examine the medical documents to determine who was responsible for the injuries your child sustained and will look into how these mistakes could have been prevented. Depending on the circumstances, the hospital or other healthcare professionals could be responsible for the malpractice.
A dedicated Atlanta birth injury lawyer can aid parents who have a child born with a serious disability like cerebral palsy, or severe spinal injuries. They can also obtain financial assistance to improve the quality of life for their child and pay for future medical expenses. A lawyer will investigate your case and make an argument that is convincing against the accountable parties. They are aware of the science behind these injuries, the role doctors and hospital staff play in these accidents, and how errors can impact the future of your family.
Damages
Medical mistakes can happen regardless of how well-intentioned the medical professionals may be. If they do, the results could be devastating for families. The injuries can change their lives forever and leave them with a constant need for medical care and other expenses that will never cease. The damages that are awarded will help them pay for these expenses as well as help them recover from other losses.
A family can bring a lawsuit based on birth injury to hold a healthcare professional accountable for their error and also to get financial compensation. The lawyer who handles the case will first collect all relevant information including medical records. Once they have this information, they will file the lawsuit with the court, naming the hospital and doctor as defendants. They will then ask for a settlement but there is no guarantee they will accept one.
A family could also be awarded damages for pain and suffering 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 endured. Settlements aren’t easy to calculate, but a knowledgeable lawyer can negotiate an appropriate settlement that compensates the child as well as his or her parents for their losses.
Punitive damages are intended to punish the person who was at fault for their insidious behavior and discourage others from engaging in similar behavior. These damages are rare in medical malpractice cases, however they may be awarded if a jury finds that the defendant’s actions were particularly egregious.
If your child sustained an injury during birth because of the negligence of a health professional, you should to contact a dedicated Atlanta birth injury lawyer immediately. The statute of limitations is the time limit for filing your claim for birth injury. Your lawyer can tell you how much time you have left.