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Birth Injury Lawsuits

If 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 medical expenses for the long term and lost future earnings.

To make a convincing case, we must demonstrate that healthcare professionals did not adhere to the highest standards of care. We gather evidence using eyewitness testimony, expert medical opinions, photos and videos.

Duty of Care

Medical staff and doctors who treat OB-GYN patients are required to offer patients the highest level of medical care. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations set by medical professional associations.

A physician can be held liable for the harm caused by negligence if they fail to meet the standards. However, a successful malpractice claim requires a thorough investigation as well as a solid case based on evidence that is credible, such as medical documents and witness testimony. An Atlanta birth injury lawyer is experienced in investigating these cases and know how to gather the required information quickly while the evidence is fresh.

In a Georgia malpractice lawsuit, the plaintiff needs to prove four elements one of which is) that the doctor had obligation to observe the standard of care, 2) that a breach occurred, 3) the breach by the defendant directly caused the injuries, and 4) damages were caused by the injuries. In order to establish each element, they must have an expert witness. These experts are medical professionals who have extensive knowledge of their field and expertise in accepted practices. A skilled birth injury attorney has a network of expert witnesses throughout the country who they can call on to testify in every case.

Although the majority of birth injuries result of medical negligence, it is not uncommon for doctors who are well-meaning to make mistakes and hurt a child. These mistakes can include misdiagnosis or failure to detect the signs of stress in the fetus and medication errors, surgical errors, or failure to perform an urgent C-section.

The harm that a child suffers can be devastating. A compassionate Atlanta birth injury lawyer can help these families receive the compensation that they are entitled to for all their difficulties and losses. These losses could include medical expenses and income loss as well as the cost of ongoing treatment and care, 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 need to pay for their future medical needs. This includes bringing in medical and financial experts to assess the current and future losses and then putting together a legal strategy to seek maximum compensation.

Breach of Duty

A duty is an obligation that is borne out of an existing relationship. For example, a duty to pay taxes or not steal. If a medical professional is obligated to you a duty, they have to take reasonable care to protect your best interests. In a medical malpractice lawsuit the failure to adhere to this standard is termed negligence. This is what causes birth injuries, such as cerebral palsy, as well as other birth-related disabilities.

In order to prove medical malpractice, the plaintiff (in this case the mother of the child) must prove that the healthcare professional owed her a high level of care, and that they 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.

A doctor who fails to order an emergency C-section when both mother and child are in distress is a prime example. This is the most common type of medical malpractice alleged in a birth injury case.

Another type of breach is when healthcare professionals are reckless or exhibits poor judgment. This can include administering incorrect medication or mishandling surgical procedures. In many instances the risk of negligence is avoided if medical professionals are aware of the risks that can affect a birthing patient.

A successful medical malpractice claim can help a family financially recover from a serious birth injury. Compensation could cover medical costs, ongoing therapy, assistive devices and other expenses. Our Atlanta birth injury lawyers are ready to help victims receive the compensation they deserve. The damages you could get depend on the severity of your child’s injuries as well as the impact they will have on their lives for the next few years. Our attorneys will carefully examine your case, gather relevant evidence, and determine what compensation you are entitled to. We will then assist you in negotiating a fair settlement. If a settlement isn’t reached we will prepare for trial. Contact us now if you believe your child’s doctor committed negligence.

Causation

Bringing a birth injury lawsuit against a healthcare provider requires proving several legal elements. One of the most important elements is that the medical professional breached their obligation to patients by failing to adhere to an acceptable standard of care within their area of expertise. This aspect of a medical malpractice case is established by evidence from experts, and Atlanta birth injury lawyers employ top experts in their field to develop a convincing case for their clients.

The next step is to establish the cause in the medical malpractice case. This means that the negligent actions or inactions directly caused the victim suffering an injury. This is a crucial aspect and medical experts can prove that the medical professional strayed from the accepted norms in their field that resulted in the victim being injured.

For a medical malpractice claim to succeed the plaintiff must demonstrate that their injuries were legally compensable under Georgia’s law. The compensation for medical malpractice can include both economic and non-economic damages. Economic damages are usually awarded to cover expenses like rehabilitation costs, medical expenses of ongoing treatment, loss of quality of life and lost earnings due to having to take time off work. Non-economic damages may be awarded to compensate for emotional distress, pain and suffering and mental trauma due to the injury.

A skilled Atlanta birth injury lawyer will review the medical records to determine who is responsible for the injuries your child sustained and will examine how these errors could have been avoided. Depending on your circumstances medical professionals, other healthcare professionals, or even the hospital itself may be liable for the medical malpractice.

A dedicated Atlanta birth injury lawyer can aid parents whose children are 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 to provide for future medical expenses. An attorney will be diligent to analyze your situation and bring a compelling claim against the accountable parties. They are aware of the science behind these injuries, the role that hospital staff and doctors play in them, and how mistakes could affect the future of your family.

Damages

Medical errors can occur regardless of how well-intentioned the doctors are. If they do, the repercussions can be devastating for families. The injuries could alter their lives forever leaving them with an ongoing need for medical care and other expenses that will never end. The compensation awarded could aid in the payment of these expenses and help them recover for other losses.

A family can start a lawsuit for birth injuries to hold a healthcare professional accountable for their error and to recover financial compensation. The lawyer handling the case will first gather all relevant information, including medical records. Once they have gathered all the information and have it all, they will bring a lawsuit to court and name both the hospital and the doctor as defendants. They will then request a settlement but there is no guarantee they will accept one.

In addition to financial damages, families may be awarded non-economic, pain and suffering damages. These are meant to compensate for the emotional trauma and distress that the child and family suffered. They can be a challenge to estimate but a savvy lawyer could seek an equitable settlement for the child’s and his or her parents loss.

There are also punitive damages, which are designed to penalize the at-fault party for their indefensible behavior and discourage others from engaging in similar actions. These damages are not common in medical malpractice cases, however they are awarded when juries find that the defendant’s conduct was particularly indecent.

If you suspect that your child has suffered an injury related to birth due to the inattention or negligence of a healthcare professional, it is important to speak with an Atlanta birth injury lawyer as soon as you can. The statute of limitations is the date to file your birth injury claim. Your lawyer can tell you the amount of time you have left.