Birth Injury Lawsuits

When your child is injured during birth as a result of negligence by a medical professional it could have long-lasting consequences. Our Atlanta birth injury lawyers assist families obtain compensation to cover their long-term medical needs and loss of future earnings.

To build a strong argument, we must show that healthcare professionals did not uphold a high standard of care. We gather evidence by using eyewitness testimonies, expert medical opinions, photographs and videos.

Duty of Care

OB-GYN physicians and medical staff are required to provide the highest standard of care for their patients. This obligation stems from laws governing the healthcare industry as well as the rules and regulations established by medical professionals and professional institutions.

A doctor who fails to meet the standard of care may be held liable for injuries caused due to their negligence. A successful malpractice case will require a thorough investigation, as well as a solid case based on evidence that is credible such as medical records and eyewitness testimonies. A birth injury lawyer in Atlanta is well-versed in investigating these cases and knows 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 was under an obligation to adhere to the standard of care, 2) that the breach occurred,) the defendant breach directly caused the injuries, and four) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals who have extensive experience and atlanta birth injury lawyers knowledge in their field. A skilled birth injury attorney will have an extensive network of expert witnesses throughout the country who they can rely on to testify in any case.

It is not uncommon for doctors with good intentions to make errors that harm children. These mistakes can include the wrong diagnosis or inability to recognize the presence of fetal stress or medication errors, surgical mistakes, or inability to perform a C-section in a hurry.

The damage that the child suffers is often severe. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they deserve for all their losses and hardships. These losses could include medical costs as well as loss of income as well as the cost of ongoing medical and treatment as well as pain and suffering and mental stress.

The attorneys at Grant Law Office are dedicated to helping those affected by medical malpractice and their families get the financial assistance they require to pay for their future medical expenses. This includes enlisting medical and financial experts to calculate their future and current 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 a relationship, such as an expectation that you will pay taxes or not to steal. A medical professional who has an obligation to you must act in your best interest. In a medical malpractice case failing to meet this standard is referred to as negligence. This is what causes birth injuries, which include cerebral palsy and other birth-related disabilities.

To prove medical malpractice, the plaintiff (in this instance the mother of the child) must prove that the healthcare provider owed them a high duty of care, and that the healthcare professional violated this duty by acting negligently. The breach must be connected to the injury sustained, which means that the healthcare professional's actions or inactions have to be different from what other doctors would have done in similar circumstances.

One example is the failure of a doctor to order an emergency C-section when the mother and baby are suffering from distress in the fetus. This is the most common form of medical malpractice that is accused in birth injuries.

A healthcare professional can also be guilty of a breach if they are reckless or display poor judgment. Examples include giving the wrong medication or ignoring a surgical procedure. In many cases it is possible to avoid negligence if medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help a family recover financially from a severe birth trauma. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and other losses. Our Atlanta birth injury lawyers are prepared to assist victims in obtaining the compensation they are entitled to. The amount of damages you are entitled to will depend on the severity and the impact of the injury to your child. Our attorneys will thoroughly review your case, collect the required evidence, and then determine what compensation you are entitled to. We will then collaborate with you to negotiate an equitable settlement. If a settlement cannot be reached then we will prepare for trial. If you believe the medical professional treating your child committed negligence, please contact us now to start your birth injury claim.

Causation

Bringing a birth injury lawsuit against a healthcare provider needs proving 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 specialty. This element of a medical malpractice case is established by expert testimony. Atlanta birth injury lawyers consult top-tier experts in their field to develop a convincing case for their clients.

The second aspect of a medical malpractice claim is causation, which means that the negligent actions or inactions caused injury to the patient. Again, this is a crucial element and expert medical witnesses can provide evidence that the medical professional was deviating from the accepted standards of care in their area, which caused the victim to suffer an injury.

In order for a medical malpractice claim to succeed, the plaintiff must also show that their injuries are legally compensable under Georgia's law. Compensation for medical malpractice damages can include both economic and non-economic damages. Economic damages are awarded to cover medical expenses, ongoing treatment, loss of quality of life, and loss of earnings due to time off from work. Non-economic damages may be awarded for emotional distress or discomfort, and mental anguish resulting from the injury.

A skilled Atlanta birth injury 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 prevented. Depending on the circumstances the hospital or other healthcare professionals may be responsible for the malpractice.

If a child of a parent is born with a serious condition such as cerebral palsy, serious spinal cord injury or any other mental or physical disability, an experienced Atlanta birth injury attorney can help them obtain financial support to improve the quality of their child's life and provide for future medical requirements. An attorney will look into your case and present a strong claim against the parties responsible. They know the scientific basis for these injuries, the role doctors and hospital staff plays in them, and how mistakes can affect the future of your family.

Damages

Medical errors can occur regardless of how careful the doctors are. The consequences of medical mistakes can be devastating for families. The injuries could alter their lives for the rest of their lives, leaving them with an ongoing need for medical attention and other expenses that will never cease. The damages awarded can assist in paying for these costs and help them recover for other losses.

A family can start a lawsuit for birth injuries to hold a healthcare professional accountable for their mistake and to receive financial compensation. The attorney handling the case will gather all relevant information, including medical records. After they have gathered all the information, they will bring a lawsuit to court and name both the hospital and the doctor as defendants. Following this, they will request an amount for a settlement, but there is no guarantee they will agree to a settlement.

In addition to economic damages, families may be awarded non-economic or pain and suffering damages. These are a way to compensate for the emotional trauma and suffering that the child and his or family suffered. These settlements can be difficult to calculate but a skilled lawyer could try to get an appropriate settlement that compensates the child and his or parents for their losses.

There are also punitive damages, that are intended to punish the party at fault for their indefensible behavior and discourage others from engaging in similar behavior. These damages are uncommon in medical malpractice cases, however they can be awarded when juries find that the defendant's behavior was particularly egregious.

If your child suffered an injury during birth due to the negligence of a health professional, you might want to consult a specialized Atlanta birth injury attorney as soon as you can. The statute of limitations is the date by which you must file your birth injury claim. Your lawyer can tell you how long you have left.