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 help families seek compensation to pay for their long-term medical needs and lost future earnings.

To build a convincing case, we must prove that healthcare providers did not keep up with the highest standards of care. We gather evidence through eyewitness testimony as well as expert medical opinions as well as photographs and videos.

Duty of Care

OB-GYN doctors and medical staff are required to provide patients with the standard of treatment. This obligation stems from laws that govern the healthcare industry and rules and regulations set by medical professionals and professional institutions.

A doctor who fails to meet the standard of care may be held liable for injuries caused through their negligence. A successful malpractice case will require a thorough investigation, as well as a solid case that is based on reliable evidence like medical records and eyewitness testimonies. An Atlanta birth injury lawyer has experience investigating these cases, and they know how to gather the necessary details quickly, while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff is required to prove four things one of which is) that the doctor owed obligation to observe the standard of care, 2) that the breach occurred,) the breach of the defendant 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 knowledge in their area of expertise. A competent birth injury lawyer will have access to 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 cause harm to a child. These errors can result in mistakes in diagnosis or failure to recognize fetal stress and medication errors, surgical mistakes, or inability to perform a C-section in a hurry.

Often, the damage suffered by the child may be substantial. A compassionate Atlanta birth injury lawyer can help these families receive the compensation they are entitled to for their hardships and losses. These losses can include medical expenses loss of income, permanent treatment, mental anxiety, and suffering and pain.

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 expenses. This includes hiring medical and financial experts to estimate their current and future losses and develop a sound 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 pay your taxes or a duty not to steal. A medical professional who is bound by a duty to you must act in your best interest. In a lawsuit involving medical malpractice the failure to adhere to this standard is referred to as negligence. Birth injuries, like cerebral palsy and birth-related disabilities are caused by this.

To prove medical malpractice, the plaintiff (in this instance the mother of the child) must show that the healthcare professional was obligated to them with a high standard of care, and that the healthcare professional violated this duty by committing negligence. The breach must be linked to the injury sustained by the healthcare professional’s actions or inactions should have been different from what other doctors would have done in similar situations.

A good example of this is a doctor who fails to request an emergency C-section if the mother and baby are suffering from distress in the fetus. This is the most typical kind of medical malpractice that is alleged in a birth injury lawsuit.

Another kind of breach occurs when medical professionals act recklessly or displays poor judgment. Examples of this include putting in the wrong medication or not properly handling a surgical procedure. In many cases medical professionals can avoid mistakes by being aware of the possible risks to a patient during pregnancy.

A successful medical malpractice case can help families financially recover from a severe birth injury. Compensation could cover medical costs, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury attorneys are ready to help victims get the compensation they deserve. The damages you could receive will depend on the severity of your child's injuries as well as the impact they will affect their lives going forward. Our attorneys will examine your case with care, collect the evidence required and determine the amount you are owed in damages. We will then negotiate an acceptable settlement with you. If a settlement isn't reached then we will prepare for trial. If you believe that your child's medical provider committed negligence, contact us today to start your birth injury claim.

Causation

In order to bring a lawsuit against a healthcare professional over a birth injury, you need to establish a number of legal elements. One of the most crucial elements is that the medical professional breached their obligation to patients by not adhering to the appropriate standard of care in their area of expertise. Expert testimony is used to establish this element of a claim for medical malpractice. Atlanta birth injury attorneys will consult the best experts in their field to create an argument that is convincing for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent act or inactions, directly led to the victim suffering an injury. This is another crucial element and expert medical witnesses can provide evidence that the medical professional deviated from the accepted norms in their field that resulted in the victim being injured.

In order to win a medical malpractice lawsuit, the plaintiff will also need to prove that their injuries are legal under Georgia law. Compensation for medical malpractice may include both economic and non-economic damages. Economic damages are awarded to cover medical expenses, ongoing treatment, loss of quality of life, as well as lost wages due to time off work. Non-economic damages are awarded for emotional distress as well as pain and discomfort and mental apprehension resulting from the injury.

A skilled Atlanta birth injury lawyer will investigate the medical documents to determine who was responsible for your child's injuries and investigate how these errors could have been avoided. Based on the circumstances, the hospital or other healthcare professionals could be accountable for the error.

If a child is born with a severe condition such as cerebral palsy, a serious spinal cord injury or other physical or mental disability, a dedicated Atlanta birth injury attorney can help them obtain financial aid to improve the quality of their child's life and to cover future medical needs. An attorney will look into your case and file an effective claim against the accountable parties. They understand the research behind these injuries, the role hospital staff and doctors play in these accidents, and how errors could affect the future of your family.

Damages

Whatever the best intentions of doctors are, medical errors happen. The consequences of mistakes made by medical professionals can be devastating for families. The injuries can alter their lives for the rest of their lives and leave them with a constant need for medical attention and other expenses that will never end. The damages awarded will allow them to pay for these expenses and help them recover from other losses.

A family can start a lawsuit for birth injuries to hold a medical professional accountable for their negligence and to receive financial compensation. The lawyer who handles the case will first collect all relevant 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. They can then ask for a settlement, but there is no guarantee they will accept one.

In addition to financial damages, a family may be awarded non-economic or pain and suffering damages. These damages are meant to compensate the family of a child for the emotional distress and trauma they experienced. These can be difficult to calculate but a savvy attorney could try to obtain an equitable settlement for the child's as well as his or parents loss.

Punitive damages are meant to punish the person responsible for their reckless behavior and deter others from engaging in similar behavior. They are rare in medical malpractice cases, but may be awarded if a jury finds that the defendant's actions were particularly egregious or reckless.

If you believe your child has suffered a birth-related injury due to the inattention or negligence of medical professionals it is essential to speak with an Atlanta birth injury lawyer as soon as possible. The statute of limitations is the date to file your birth injury claim. Your lawyer will be able to tell you how much time you still have.