Birth Injury Lawsuits

If your child sustains an injury that is serious in the birth due to medical negligence, the effects can be a long-lasting issue. Our Atlanta birth injury attorneys can help families recover compensation for their long-term medical costs and future loss of income.


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

Duty of Care

OB-GYN doctors and medical staff have a duty to offer patients the highest level of medical care. This obligation is derived from the laws governing the healthcare industry as well as the rules and regulations established by medical professionals professional institutions.

A physician can be held liable for injuries caused by negligence if they fail to meet the standard. A successful malpractice claim will require a thorough investigation, as well as a solid case based on credible evidence like medical documents and eyewitness testimony. A birth injury lawyer in Atlanta is well-versed in the investigation of these cases and knows how to quickly gather information, while the evidence is still in its infancy.

In a Georgia malpractice case, the plaintiff must establish four elements: 1.) the duty of the doctor to follow the standards of care; two) the breach of the duty occurred; 3) the breach of the defendant directly caused the injury; and 4) the injury caused damages. Each element must be determined by an expert witness. They are medical professionals with years of knowledge of their field and expertise in accepted methods. A competent birth injury lawyer will have access to a nationwide network of expert witnesses that they can call upon to provide evidence.

While most birth injuries are the result of medical negligence, it is not uncommon for doctors with good intentions to make mistakes that harm a child. These errors can include misdiagnosis, failure to detect fetal distress, medication errors surgical errors, the failure to perform an emergency C-section when required.

The harm suffered by the child can be severe. A caring Atlanta birth injury lawyer can help families get the compensation they are entitled to for all their troubles and losses. These losses could include medical expenses as well as loss of income and the cost of long-term medical and treatment in the form of pain and suffering and mental anguish.

The attorneys at Grant Law Office are dedicated to helping the victims of medical malpractice and their family members get the financial support they need to pay for their future medical expenses. This includes enlisting financial and medical experts to calculate their future and current losses and create a solid legal strategy to seek the highest amount of compensation.

Breach of Duty

A duty is an obligation imposed by law that results from a relationship, such as an expectation that you pay your taxes or a duty not to rob. If a medical professional is obligated to you a duty, they must take reasonable care to protect your best interests. In the case of medical malpractice, failure to meet this standard could be deemed negligence. Birth injuries, such as cerebral palsy, birth-related disabilities, and others are caused by this.

To prove medical malpractice, the plaintiff (in this case the mother of the child) must demonstrate that the healthcare professional owed them a high duty of care, and that the healthcare professional breached this duty by committing negligence. The breach must be linked to the injury suffered and the healthcare professional's actions or inactions have to have been different from what other doctors would have done in similar circumstances.

One example of this is the doctor who does not order an emergency C-section when the mother and baby are in distress in the fetus. This is the most frequent kind of medical malpractice that's alleged in birth injury cases.

Healthcare professionals can also be in breach if they act recklessly or show poor judgment. This could include administering improper medication or handling surgical procedures in a way that is not safe. In many instances the risk of negligence is avoided if medical professionals are aware of the risks that could affect a newborn patient.

A successful medical malpractice case can help a family financially recover from a severe birth injury. Compensation can cover medical costs as well as ongoing therapy, assistive equipment, and many other losses. Our Atlanta birth injury lawyers are prepared to assist victims get the compensation they deserve. atlanta birth injury lawyers could receive depend on the severity of your child's injuries and the impact they'll have on their lives going forward. Our lawyers will carefully review your case, gather the necessary evidence, and determine what compensation you are owed. We will then negotiate an equitable settlement with you. If a settlement is not reached then we will prepare for trial. If you believe that the medical professional treating your child committed negligence, please contact us now to begin your birth injury claim.

Causation

Bringing a birth injury lawsuit against a healthcare provider needs the proof of several legal elements. One of the most important elements is that the medical professional breached their obligation to patients by not adhering to the appropriate standard of care in their field of expertise. Expert evidence is used to prove this element of medical malpractice claims. Atlanta birth injury attorneys will consult with the top experts in their field to create a convincing case for their clients.

Causation is the second element in the medical malpractice case. This means that the negligent act or the failure to act directly caused an injury for the patient. This is an additional crucial element and medical experts can provide evidence that the medical professional strayed from the accepted norms in their field that caused the victim to be injured.

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

A competent Atlanta birth injury lawyer will examine the medical records to determine who is responsible for the injuries your child sustained and how they could have been prevented. Based on the circumstances medical professionals, other healthcare professionals, or even the hospital itself may be accountable for the malpractice committed by the doctor.

If a child of a parent is born with a serious condition, such as cerebral palsy, serious spinal cord injury, or other mental or physical disabilities, an experienced Atlanta birth injury attorney can help them obtain financial aid to improve the quality of their child's life and help with future medical needs. A lawyer will investigate your case and make a strong claim against the parties responsible. They know the science behind these kinds of injuries, the roles that hospital staff and doctors are involved in, and the consequences of a mishap can affect the future of your family.

Damages

No matter how well-intentioned doctors are, medical mistakes happen. The consequences of medical errors can be devastating for families. Their lives can be forever changed by the injuries, and they will continue to require medical attention. The damages awarded can aid in the payment of these expenses and also compensate them for other losses.

A family may bring a birth injury lawsuit to ensure that the healthcare professional is held accountable for the error and to recover financial compensation. The attorney handling the case will collect all pertinent information including medical records. Once they have collected all the relevant information they will file a lawsuit in court, naming both the doctor and the hospital as defendants. Following this, they will ask for a settlement amount, though there is no guarantee they will agree to one.

A family may be awarded damages for pain and suffering, or non-economic damages in addition to economic damages. These are a way to cover the emotional trauma and distress that the child and family members endured. These settlements can be challenging to calculate but a skilled lawyer can try to negotiate a fair settlement to compensate the child and/or parents for their losses.

There are also punitive damages, that are intended to punish the person at fault for his or her egregious actions and discourage others from engaging in similar behavior. These damages are uncommon in medical malpractice cases, but they are awarded when juries find that the defendant's conduct was particularly egregious.

If your child has suffered an injury during birth due to the negligence of a health care professional, you should to contact a dedicated Atlanta birth injury lawyer as soon as you can. The statute of limitations is the date for filing your birth injury claim. Your lawyer will be able to tell you the amount of time you have.