Birth Injury Lawsuits
When your child suffers an injury that is serious during birth due to medical negligence, the repercussions could last a lifetime. Our
Atlanta birth injury lawyers help families seek compensation for their long-term medical costs and loss of future income.
To build a strong case we must prove that healthcare providers failed to ensure a high standard of care. We gather evidence from eyewitness testimony and expert medical opinions and photos and videos.
Duty of Care
OB-GYN doctors and medical personnel are obliged to offer patients the highest level of treatment. This obligation is derived from the laws that govern the healthcare industry, as well as the rules and regulations set by medical professionals' professional organizations.
A doctor could be held responsible for injuries caused by negligence if they fail meet the standard. A successful malpractice claim will require a thorough investigation and a convincing case based on evidence that is credible like medical records and eyewitness testimony. An Atlanta birth injury lawyer is skilled in investigating these cases, and they know how to gather the necessary details quickly, while the evidence is still fresh.
In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements one of which is) that the doctor had an obligation to adhere to the standard of care, 2)) that there was a breach, 3) the breach of the defendant directly triggered injuries and 4) damages were caused by the injuries. Each of these elements must be proven by an expert witness. These experts are medical professionals with years of experience in their field as well as expertise in accepted methods. A competent birth injury lawyer will have a nationwide network of expert witnesses they can rely on to be a witness.
It is not unusual for doctors with good intentions to make errors that can harm a child. These mistakes can include misdiagnosis or failure to detect the signs of stress in the fetus, medication errors, surgery errors, or failure to perform a C-section urgently.
Often, the damage suffered by the child may be significant. A compassionate Atlanta birth injury attorney can assist families to receive the compensation they deserve for their losses and hardships. These losses can include medical expenses and income loss, the cost of life-long medical and treatment in the form of pain and suffering and mental stress.
Grant Law Office is dedicated to helping victims of medical malpractice, as well as their families, get the financial support they need to cover the future medical bills. This involves hiring medical and financial experts to analyze the current and future 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 an expectation that you pay your taxes or a duty not to steal. A medical professional who has a duty to you must act in your best interest. In a medical malpractice case the failure to adhere to this standard could be deemed negligence. Birth injuries, like cerebral palsy and birth-related disabilities, are caused by this.
In order to prove medical malpractice the plaintiff (in this instance, the mother of the child) must prove that the healthcare professional owed her the highest level of care, and that they breached the duty of care in their negligence. The breach has to be tied to the harm suffered and the healthcare professional’s actions or inactions must have been different from what other doctors would have done in similar situations.
One example of this is a doctor who fails to request an emergency C-section if the mother and baby are in distress in the fetus. This is the most frequent kind of medical malpractice that is alleged in a case of birth injury.
Another kind of breach occurs when a healthcare professional acts recklessly or exhibits poor judgment. This could include administering improper medications or ignoring surgical procedures. In many instances, medical professionals can prevent mistakes by being aware of the potential risks for a patient during pregnancy.
A successful medical malpractice case can aid a family financially to recover from a severe birth injury. Compensation can cover medical costs, ongoing therapy, assistive devices, and other losses. Our Atlanta birth injury attorneys are prepared to assist victims receive the compensation they deserve. The amount of damages you may be entitled to depends on the severity and impact of your child's injuries. Our lawyers will carefully review your case, gather the required evidence,
Atlanta birth injury Attorneys and then determine what compensation you are owed. We will then negotiate an acceptable settlement with you. If a settlement cannot be reached we will prepare for trial. Contact us today if think your child's doctor has was negligent.
Causation
In order to bring a lawsuit against a healthcare professional for birth injury, you must prove several legal elements. One of the most crucial elements is that the medical professional failed to meet a reasonable standard in their field of expertise. Expert testimony is used to establish the basis of medical malpractice claims.
Atlanta birth injury attorneys will consult the best experts in their field to build an argument that is convincing for their clients.
The second element of a medical malpractice claim is causation, which means that the negligent act or failures to act directly led to an injury to the patient. Again, this is a crucial element and expert medical witnesses can prove that the medical professional deviated from the accepted standards of medical practice in their field, which in turn caused the victim to suffer an injury.
For a medical malpractice claim to be successful the plaintiff must prove that their injuries were compensable under Georgia's law. Compensation for medical malpractice damages can be a combination of economic and non-economic damages. Economic damages are typically awarded to cover expenses such as medical expenses, rehabilitation, ongoing treatment loss of quality of life and lost wages resulting from taking off from work. Non-economic damages are awarded to cover emotional suffering, distress and mental stress due 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 they will look into how these mistakes could have been prevented. Depending on your circumstances, other healthcare professionals or even the hospital itself may be accountable for the malpractice committed by the doctor.
When a person's child is born with a serious condition, such as cerebral palsy, serious spinal cord injury or other physical or mental disability, a dedicated Atlanta birth injury lawyer can help them obtain financial aid to improve their child's quality of life and to cover future medical needs. An attorney will look into your case and present an effective claim against the responsible parties. They understand the science behind these types of injuries, the roles doctors and hospital staff have in them, and the consequences of a mistake can impact your family's future.
Damages
Regardless of how well-intentioned doctors are, medical errors happen. When they do, the consequences can be devastating for families. Their lives may be forever changed due to the injuries, and they will continue to require medical care. The damages awarded can assist in paying for these costs and also compensate them for other losses.
A family may bring a birth injury lawsuit to hold the healthcare professional responsible for the error and seek the financial compensation. The lawyer handling the case will gather all relevant information including medical records.
