Birth Injury Lawsuits
If your child suffers an injury that is serious during birth due to medical negligence, the consequences can last a lifetime. Our Atlanta birth injury lawyers help families recover compensation for their long-term medical bills and future loss of income.
In order to build a strong case we must prove that healthcare providers failed to keep up with the highest standards of care. We gather evidence from eyewitness testimony, expert medical opinions, and photos and videos.
Duty of Care
OB-GYN physicians and medical staff are required to provide the best quality of care to their patients. This obligation is derived from the laws that govern the healthcare industry, and the rules and regulations formulated by medical professionals' professional organizations.
A physician who fails to meet the standards of care can be held liable for injuries caused through their negligence. However, a successful malpractice claim requires a thorough investigation as well as a strong case built on evidence that is credible, such as medical records and witness testimony. A birth injury lawyer in
atlanta birth injury attorneys is experienced in investigating these cases and understands how to quickly collect information, while the evidence is still in its infancy.
In a Georgia malpractice case, the plaintiff must establish four elements: 1) the doctor's duty to adhere to the standard of care; 2) the breach of this duty occurred;) the breach of the defendant directly caused the injury and 4) the injury caused damages. Establishing each element requires an expert witness. These experts are medical professionals who have vast experience and expertise in their area of expertise. A competent birth injury lawyer will have a nationwide network of expert witnesses that they can call to provide evidence.
It is not unusual for doctors with good intentions to make mistakes that cause harm to children. These mistakes can include mistakes in diagnosis or failure to recognize the signs of stress in the fetus or medication errors, surgical errors, or failing to perform a C-section urgently.
The harm suffered by the child could be significant. A compassionate Atlanta birth injury attorney can assist families to receive the compensation they deserve for their hardships and losses. These losses can include medical expenses as well as loss of income as well as the cost of ongoing treatment and care as well as pain and suffering and mental anguish.
Grant Law Office is dedicated to helping those affected by medical malpractice, as well as their families, receive the financial assistance they need to pay the future medical bills. This includes bringing in medical and financial experts to analyze future and current losses and develop a legal strategy to obtain 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 pay taxes or not to take something from someone else. A medical professional who has a duty to you must act in your best interest. In the event of a medical malpractice lawsuit the failure to adhere to this standard can be called 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 demonstrate that the healthcare professional was responsible for the highest level of care, and that they violated this duty in their negligence. The breach must also be linked to the injuries that the plaintiff suffered, which requires establishing that the healthcare professional's actions or lack of action deviated from what other medical professionals would have done under similar circumstances.
A doctor who does not to order an emergency C-section when both mother and child are in distress is a prime instance. This is the most common kind of medical malpractice that is claimed in a birth injury case.
Another kind of breach occurs when medical professionals act recklessly or displays poor judgment. This could be due to administering incorrect medication or handling surgical procedures in a way that is not safe. In many cases medical professionals can avoid negligence by being aware of the risks that could be posed to pregnant women.
A successful medical malpractice case can aid a family in recovering financially from a serious
birth injury atlanta trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive devices and other expenses. Our Atlanta birth injury lawyers are prepared to help victims recover 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 life for the next few years. Our lawyers will review your case in detail, gather the evidence required, and determine how much you are entitled to in damages. We will then work with you to negotiate an acceptable settlement. If a settlement isn't reached we will prepare for trial. Contact us today if suspect your child's physician did not follow through.
Causation
To bring a lawsuit against a healthcare professional over a birth injury, you must prove several legal elements. One of the most crucial elements is that the medical professional breached their duty to patients by failing to adhere to a reasonable standard of care in their specialty. Expert evidence is used to prove the basis of medical malpractice claims.
Atlanta birth injury attorneys will consult the best experts in their field to build a convincing case for their clients.
Causation is the second element in the medical malpractice case. This implies that the negligent acts or the failure to act, directly led to injuries to the patient. It is a crucial element and expert medical witnesses will prove that the medical professional deviated from the accepted standards of medical care in their field, which resulted in the victim suffering an injury.
In order to win a medical malpractice lawsuit the plaintiff will need to prove that their injuries are compensable under Georgia law. Compensation for medical malpractice could include both economic and non-economic damages. Economic damages are awarded to cover medical expenses as well as ongoing treatment, loss of quality of life, as well as lost wages due time off work. Non-economic damages may be awarded to cover emotional distress, pain and suffering and mental trauma due to the injury.
A experienced Atlanta birth injury lawyer will investigate the medical records to determine who was responsible for your child's injuries and look into how these mistakes could have been prevented. Based on the circumstances, the hospital or other healthcare professionals may be accountable for the negligence.
If a child is born with a serious condition such as cerebral palsy or a serious spinal cord injury or other mental or physical disabilities, a dedicated Atlanta birth injury attorney can help them get financial aid to enhance their child's quality of life and provide for future medical requirements. An attorney will be diligent to analyze your situation and file an argument that is persuasive against the accountable parties. They know the science behind these types of injuries, the roles that hospital staff and doctors play in them and how the consequences of a mistake can affect the future of your family.
Damages
No matter how well-intentioned doctors are, medical mistakes happen. The consequences of mistakes made by medical professionals can be devastating for families. The injuries can change their lives forever and leave them with a constant need for medical treatment and other expenses that will never go away. The compensation awarded could assist in paying for these costs and help them recover for other losses.