Many people do not think twice about trusting a medical provider. Healthcare professionals, and especially doctors, are among the most trusted individuals. We only have one body, and we put our confidence in our healthcare providers to ensure we stay healthy.
They are who we go to for help when we are sick or injured. There is a deep sense of betrayal when people in this specialized field neglect to treat us with the standard of care that everyone rightfully expects.
According to a study by John Hopkins patient safety experts, over 250,000 people die every year from medical errors, making medical mistakes the third leading cause of death in the United States.
How Will a Marietta Medical Malpractice Attorney Prove My Case?
When a patient is harmed as a result of the standard of care not being provided, this is called medical malpractice. The evidence your personal injury attorney will need to prove medical malpractice will include:
- Medical bills will prove the expenses you have incurred because of the injuries you have suffered as a result of the medical malpractice.
- Pay stubs to show any lost wages. This will include any reduction of earning potential.
- Statements or testimony from medical professionals to explain the severity of your injuries and how the actions of the healthcare worker were negligent.
- Testimonies from you, your family, friends, and colleagues describing how your injuries have impacted your life.
What Are the Elements of Medical Negligence?
You have the burden of proof to establish negligence in a medical malpractice case. In order to prove that malpractice has occurred, you need clear and convincing evidence that the defendant is more conceivably guilty than they are innocent.
This evidence needs to show four elements:
- Duty – You had a doctor-patient relationship
- Breach – The doctor provided substandard care
- Causation – The substandard care caused your injury
- Damages – The injury caused you significant harm
Proving the four elements of medical negligence is a difficult process. Medical malpractice lawsuits are complex and intimidating.
An experienced Marietta medical malpractice attorney will help you build a strong case to establish negligence and get you the compensation you deserve.
Relationship
You and your doctor had to have had a relationship in which you were the patient, and the doctor was responsible for providing medical care. For example, if you became injured and a doctor was in the area but did not treat your injuries, that doctor is not guilty of medical malpractice because you were not their patient at that time.
Negligence
The doctor had to have provided substandard care. Negligence must be proven in every claim for compensation for a personal injury.
The doctor had to owe the patient a standard of care, and that care had to have been breached.
Causation
The doctor’s negligence or substandard care had to have caused your injury or harm. There are times when a doctor has been negligent, but no harm came to the patient.
In these cases, negligence alone is not enough to file a medical malpractice claim.
Losses
You must have proof that you have suffered an injury or other harm, such as illness or medical expenses, in order to seek compensation. These losses are your damages.
Your claim for damages is for compensation for what you have lost as a result of medical malpractice. There is no case without a loss.
How Can I Prove That Medical Malpractice Has Occurred?
Many medical malpractice lawsuits are difficult to prove, and they can become quite complex. Your attorney will thoroughly investigate your situation for signs of malpractice, such as the following:
- Patient Neglect
- Lack of Communication
- Unsanitary Conditions On the Premises
- Violation of Federal Laws
An investigation to find evidence of negligence in the healthcare industry will often involve:
- Visiting the healthcare facility for a thorough inspection
- Reviewing your medical records
- Consulting other medical professionals about applicable standards of care
- Researching the responsible doctor or nurse’s background
Your medical malpractice attorney will collect and organize any evidence that will help establish negligence in your claim. The types of evidence may include:
- Your Medical Records
- Expert Testimony
- Witness Statements
- Surveillance Footage
- Photographs
What Is the Statute of Limitations for a Medical Malpractice Case in Cobb County?
The statute of limitations for a medical malpractice claim in Georgia is two years from the date of the negligent act, injury, or death. There are some cases where the statute of limitations will begin when the negligence is discovered.
This statute is meant to protect the defendant from being perpetually held responsible for their actions.
When Should I Call a Marietta Medical Malpractice Lawyer?
Suing a hospital for medical negligence is a time-sensitive issue. Contacting a hospital malpractice lawyer as soon as possible is imperative.
The CEO Lawyer Personal Injury Law Firm works tirelessly to ensure the best possible outcome for you. Call (404) 800-9235 immediately for a free consultation and to begin the long process of suing the hospital.
When Is the Hospital Considered Negligent?
When a hospital or health care facility fails to provide the standard duty of care that all patients deserve, they are guilty of hospital negligence. This negligence comes in different forms. Some examples of hospital negligence include the following:
- Misdiagnosis
- Failure to Treat
- Failure or Long-Term Delay in Diagnosis
- Improper Handling of Lab Work or Results
- Misreading or Disregarding Lab Results
- Medication Error
- Dosage or Administration Site Error
- Birth Injury
- Surgical Error
- Unnecessary Surgery
- Anesthesia Error
- Surgery On the Wrong Side
- Infection or Bedsore
- Failure to Obtain Informed Consent Before a Procedure
- Insufficient Follow-Up Care
- Premature Discharge From a Healthcare Facility
The most common types of medical malpractice that occur in a hospital and lead to malpractice claims are misdiagnosis, surgical errors, failure to treat, birth injuries, and prescription medication errors.
Misdiagnosis
A common medical mistake is diagnosing an illness or disorder incorrectly or failing to diagnose the problem at all. A misdiagnosis is what happens when a medical provider comes to an incorrect conclusion about the cause of the patient’s symptoms.
Many medical malpractice claims are made because of a misdiagnosis because it is usually related to a serious condition, such as cancer or heart disease. For example, a patient complaining of chest pain was told that he had indigestion and was sent home.
In reality, he was suffering from a heart attack symptom, and it became more serious because he did not receive the correct treatment.
Surgical Errors
Everyone makes mistakes. Nobody wants to make a mistake during surgery, which is why there are so many safety standards in place to prevent them.
Unfortunately, surgical errors are a common type of medical malpractice. Common surgical mistakes include:
- Infection
- Operating on the wrong body part. This error is typically caused by confusion over the left versus the right side of the body.
- Leaving objects such as instruments, sponges, or debris inside the patient.
- Improper settings on machinery
- Not having the correct equipment or implants ready prior to anesthesia being administered.
Failure to Treat
There are times when a doctor or other medical professional fails to follow the standard procedures for your symptoms, which leads to a failure to diagnose or treat your condition. You have a medical malpractice claim in this case if the failure to take the proper steps was caused by negligence or a medical error.
For example, a standard procedure for a patient complaining of a cough is to order a chest X-ray. If the provider fails to order this diagnostic procedure because they believe the patient’s cough is too minor, they may not notice the patient’s pneumonia.
Birth Injuries
Mistakes during childbirth are often caused by rushing in an emergency or by complacency and overconfidence. These injuries are suffered by either the mother, the baby, or both.
A neonatal birth trauma, or birth injury to the newborn baby, can range from bruising or a broken bone, such as a clavicle, to nerve damage, brain injury, or death. For example, if a doctor uses too much force while manipulating the baby’s head using forceps, that baby may suffer irreparable brain damage and require special care for their lifetime.
Prescription Medication Errors
Prescribing the incorrect medication for the patient’s condition, miscalculating the dosage, administering the incorrect drug, failing to ensure the safety of a drug against the patient’s other medications and allergies, or failing to administer the prescribed medication are all examples of mistakes made involving prescription medication.
Filing a Claim Is Important for More Than Compensation
Whatever type of medical malpractice has occurred and caused you or your loved one harm, contact a Marietta medical malpractice lawyer at CEO Lawyer for a free consultation today.
Malpractice is a serious wrongdoing that should never happen in the medical field. When you file your claim for malpractice, you are doing more than seeking justice and financial compensation; you are making a serious error known.
Your case could be the reason a hospital implements changes for a higher level of patient care and safety. This higher level of care could save many lives, and it all starts with you recognizing that you were not treated appropriately and choosing to do something about it.
Call a Marietta Medical Malpractice Law Firm for Help
If you or someone you love has been harmed by hospital negligence, contact the experienced Marietta malpractice attorneys at the CEO Lawyer Personal Injury Law Firm to ensure that you have their skill and dedication backing you up and building your case. Call (404) 800-9235 right away for a free consultation to discuss your case and explore your options.
