Birth Injury Lawsuits
When your child suffers an injury of a serious nature at birth due to medical negligence, the consequences can be a long-lasting issue. Our Atlanta birth injury lawyers assist families recover compensation to cover their medical expenses for the long term and lost future earnings.
To establish a convincing case, we must demonstrate that healthcare professionals did not uphold the highest standards of medical care. We gather evidence using eyewitness testimonies, expert medical opinions, photographs and videos.
Duty of Care
The OB-GYN medical staff and doctors are required to provide the best quality of care to their patients. This obligation stems from the laws that regulate the healthcare industry and the rules and regulations set by medical professionals' professional organizations.
A physician who fails to meet the standards of care may be held accountable for injuries caused due to their negligence. A successful malpractice claim will require a thorough investigation, as well as a solid case that is based on reliable evidence such as medical documents and eyewitness testimony. An Atlanta birth injury lawyer has experience investigating these cases and knows how to gather the required information quickly, while evidence is fresh.
In a Georgia malpractice lawsuit, the plaintiff is required to prove four elements that include: 1)) that the doctor had obligation to observe the standard of care,) that a breach occurred, 3) the breach of the defendant directly caused the injuries, and 4) damages were caused by the injuries. Each element must be determined by an expert witness. They are medical professionals with years of experience in their field and expertise in accepted practices. A skilled birth injury lawyer will have a nationwide network of expert witnesses they can call to provide evidence.
Although the majority of birth injuries are the result of medical negligence, it's not uncommon for doctors with good intentions to make mistakes and hurt a child. These errors can include misdiagnosis, failure to detect fetal distress, medication errors, surgical errors, or the failure to perform an emergency C-section if needed.
The harm that a child suffers is often severe. A caring
Atlanta birth injury lawyer can help families receive the compensation that they are entitled to for all their difficulties and losses. These losses can include medical expenses as well as lost income, lifelong treatment, mental anguish and pain and suffering.
Grant Law Office is dedicated to helping patients affected by medical malpractice, and their families, receive the financial aid they require to pay the future medical bills. This includes hiring financial and medical experts to calculate future and current losses and to develop a legal plan to obtain the highest amount of compensation.
Breach of Duty
A duty is a legal obligation that arises from a relationship. For example, a duty to pay taxes or not to steal. A medical professional who owes an obligation to you must act in your best interests. In a medical malpractice case failing to meet this standard can be called negligence. This is what causes birth injuries, including cerebral palsy, as well as other birth-related disabilities.
To prove medical malpractice the plaintiff (in this instance, the mother of the child) must show that the healthcare professional was responsible for the highest standard of care, and that they violated the duty of care by acting negligently. The breach must also be correlated to the harm sustained by the plaintiff and prove that the healthcare professional's actions or lack of action differed from what other medical experts would have done in similar circumstances.
One example is the doctor who does not 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 claimed in a case of
birth injury atlanta injury.
Healthcare professionals can also commit a breach when they act recklessly or show poor judgment. This could be due to administering incorrect medication or handling surgical procedures in a way that is not safe. In many cases, negligence is preventable when medical professionals are aware of the risks that could affect a pregnant patient.
A successful medical malpractice case can aid a family in recovering financially from a devastating birth trauma. Compensation can cover medical costs and ongoing therapy, as well as assistive devices, and other losses. Our Atlanta birth injury lawyers are ready to help victims recover the compensation they deserve. The amount of damages you could be entitled to is contingent upon the severity and the impact of the injury to your child. Our lawyers will analyze your case with care, collect all the evidence needed and determine the amount you are entitled to in damages. We will then collaborate with you to negotiate an acceptable settlement. If a settlement is not reached, we will prepare for trial. If you believe the medical professional who treated your child was guilty of negligence, please contact us now to begin your birth injury claim.
Causation
In order to bring a lawsuit against a healthcare professional for birth injury, you must demonstrate a variety of legal aspects. One of the most important elements is that the medical professional violated their obligation to patients by failing to adhere to an acceptable standard of care within their specialty. This aspect of a medical malpractice claim is proven through evidence from experts, and Atlanta birth injury lawyers consult top-tier experts in their fields to create a compelling case for their clients.
The next element of a medical malpractice claim is causation, meaning that the negligence or failures to act directly caused injury to the patient. It is an essential element and expert medical witnesses can prove that the medical professional was deviating from the accepted standards of care in their field, which in turn caused the victim to suffer an injury.
In order for a medical malpractice claim to succeed, the plaintiff must also demonstrate that their injuries were legally compensable under Georgia's law. The compensation for medical malpractice can be a combination of economic and non-economic damages. Economic damages are typically awarded to cover expenses such as rehabilitation, medical expenses of ongoing treatment loss of quality of life, and lost wages due to taking off from work. Non-economic damages may be awarded for emotional distress or discomfort, and mental apprehension resulting from the injury.
A experienced Atlanta birth injury lawyer will investigate the medical documents to determine who was accountable for your child's injuries, and they will examine how these errors could have been prevented. Depending on the circumstances the hospital or other healthcare professionals may be accountable for the negligence.
A dedicated Atlanta birth injury lawyer can help parents whose children are born with a disability that is severe like cerebral palsy or a serious spinal injury. They can also seek financial aid to improve the quality of life of their child and to provide for future medical expenses. A lawyer will work diligently to examine your situation and bring a compelling claim against the parties responsible. They understand the science behind these types of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mistake can affect the future of your family.
Damages
Medical errors can happen regardless of how well-intentioned the doctors are. If they do, the consequences 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 care and other costs that will never go away.