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Even the simplest surgical procedures can be nerve-wracking, but why? Maybe because of a larger sense of ‘unknown,’ or perhaps because there are so many things — even within the most routine operation — that can go wrong.
The one redeeming fact is that, in the event of a serious medical mistake, you may be able to claim medical malpractice in order to recover the money you lost from treating the resulting medical crisis.
Medical malpractice is when a healthcare professional, such as a doctor, nurse, or surgeon, deviates from the standard of care expected in their field. It’s time to consult an attorney when this results in harm, injury, or worsened health.
If you believe you’ve experienced medical malpractice, don’t hesitate to contact our team today. At the CEO Lawyer Personal Injury Law Firm, we’ve seen many different types of medical malpractice scenarios, and we’re here to help you seek the compensation you need to pay back any damages wrought.
New clients can call 833-254-2923 to schedule their first no-obligation case review. We can review all the details specific to your unique situation to help you determine the best path forward.
How Can a Medical Malpractice Attorney Help Me?
Imagine that a surgeon mistakenly operates on the wrong body part during your surgery. Perhaps they mixed up your chart before putting you under, or perhaps they’re simply fatigued.
In either situation, you’re now struggling with unnecessary complications, pain, and additional medical bills. All from a small, preventable error.
Alternatively, what if your doctor gets it wrong from the get-go?
Picture a scenario where you’ve been experiencing persistent symptoms and thus had to seek serious medical help; nevertheless, your doctor fails to diagnose a serious medical condition (such as cancer) despite evident signs.
The delayed diagnosis has resulted in the disease progressing to a more advanced and less treatable stage. In either situation, you could be dealing with medical malpractice.
Medical malpractice is a legal concept that holds healthcare professionals accountable for deviation from the established standard of care within their field. When these professionals fail to meet these standards — and their actions (or omissions) result in patient harm — it constitutes a case of medical malpractice.
In Smyrna, as in the rest of the United States, medical malpractice is subject to specific laws and regulations. The core elements of medical malpractice include:
- Duty of Care: Healthcare providers owe a ‘duty of care’ to their patients, meaning they are expected to provide a level of treatment that aligns with accepted medical practices.
- Breach of Duty: When a healthcare professional falls short of this standard of care, their actions constitute a ‘breach of duty.’ Traditionally, this may include everything from errors in their initial diagnosis to improper treatment, surgical procedures, or medication administration.
- Causation: To file a successful medical malpractice claim, you must be able to establish a clear link between the breach of duty and the harm suffered by the patient.
- Damages: The patient must have suffered damages due to the healthcare professional’s actions or omissions. These damages can include physical injuries, pain and suffering, medical expenses, lost wages, and more.
Georgia Legal Codes Relevant to Medical Malpractice:
Medical malpractice cases in Smyrna (and throughout Georgia) are governed by several rules and regulations outlined across Georgia’s legal codes. Below, we’ll outline some of the most important codes to look out for.
- Georgia Medical Malpractice Statute (O.C.G.A. § 51-1-27): This statute sets the foundation of medical malpractice law in Georgia. It outlines the legal framework for medical malpractice cases, including the statute of limitations, which generally requires victims to file a lawsuit within two years of discovering the injury.
- Georgia’s Standard of Care (O.C.G.A. § 51-1-27): The state of Georgia defines the standard of care as what a reasonable and similarly trained healthcare professional would do under similar circumstances. At the end of the day, this law essentially sets the benchmark against which healthcare professionals are measured.
- Expert Witnesses (O.C.G.A. § 24-7-702): In medical malpractice cases, expert witnesses play a crucial role in establishing the breach of duty and causation. That said, Georgia law outlines the specific qualifications that expert witnesses must meet to be included in court proceedings.
- Georgia’s Apology Law (O.C.G.A. § 24-4-416): Georgia’s Apology Law allows healthcare providers to express sympathy (or apologize) to patients or their families without the apology being used against them in a malpractice case
While these laws may seem clear-cut, most patients don’t keep them top-of-mind. But that’s where your medical malpractice attorney comes in.
Partnering with a personal injury attorney means gaining an invaluable ally who can make sense of complicated legal jargon and use it to hold the responsible party accountable. Your lawyer can also advocate on your behalf and even face off directly with insurance companies when it comes time to negotiate.
Of course, they’ll also endeavor to ensure that your rights are protected all the while and keep your claim on track while you focus on more important things — i.e., your recovery.
Common Types of Medical Malpractice Cases
While medical malpractice can take many forms, because each incident often feels deeply personal (and at times traumatic), it can be easy to feel alone. We’re here to dispel the myth that medical malpractice is uncommon.
It happens more than you would think, and understanding some of the most common examples may be all you need to recognize that you (or a loved one) have been the victim of potential malpractice. So here are some of the most prevalent types of medical malpractice:
Surgical Errors
Surgical mistakes can range from operating on the wrong body part to leaving surgical instruments inside the patient. Similarly, inadequate post-operative care (or complications) can stem from surgical procedures and then lead to serious malpractice claims.
Misdiagnosis, or Failure to Diagnose
Misdiagnosis occurs when a healthcare provider incorrectly identifies a condition or illness. The ‘failure to diagnose’ happens when a healthcare provider misses a key diagnosis that a reasonably competent peer would have caught.
In either situation, a delayed or missed diagnosis can have serious consequences — and result in worsening health conditions as well as limited treatment options.
Medication Errors
Medication errors can involve a wide range of small mistakes. Everything from prescribing the wrong medication to filing an incorrect dosage to failing to factor in potential drug interactions can lead to serious health complications or adverse reactions.
Birth Injuries
The worst Birth Injuries occur due to negligence during prenatal care, labor, or delivery. The process will be terrifying enough, so it’s important to hold the negligent party responsible when it includes an error caused by inadequate monitoring, the misuse of medical instruments, or a failure to respond to complications.
Anesthesia Errors
When anesthesia is incorrectly administered, patients may suffer adverse reactions, complications during surgery, or even long-term health problems. Consequently, anesthesia providers must adhere to strict protocols to ensure patient safety.
Hospital Negligence
Above all else, hospitals are responsible for maintaining a safe (and hygienic) environment for patients. Negligence may manifest as inadequate staffing, lack of proper patient care, or sanitation issues that result in injuries or infections.
Recognizing these common types of medical malpractice is the first step in understanding a potential medical malpractice case. So, if you believe you may have been the victim of medical malpractice, be sure to contact our team as soon as possible.
How to Prove Medical Malpractice
Proving that medical malpractice occurred can be a complicated process because it requires the plaintiff to present clear, convincing presentation evidence of a harmful deviation from an established standard of care.
To establish a strong claim, you will need substantial documentation to support your case. This evidence typically includes medical records, treatment plans, and communication with healthcare providers.
These records will ultimately serve as the foundation for your claim and offer insight into your medical history — and the care provided.It will also be important to secure the testimony of expert witnesses. These experts play a pivotal role because they can explain complicated medical issues to the court and validate your claims of negligence.
Expert witnesses can also affirm that the standard of care was breached and caused the relevant harm (or injuries). Choosing the right expert witness can take time, but your attorney should be able to help you review the witness’s qualifications and experience in the specific medical field to ensure you’re picking the best ally for your situation.
Down the line, you may need to consider the possibility of negotiation and settlement, though many cases are resolved outside court through negotiations with the healthcare provider’s insurance company. This is where your attorney will especially shine, as they can engage in more meaningful negotiations and, if necessary, even take your case to trial.
Contact a Medical Malpractice Law Firm Today
If you believe you have been the victim of medical malpractice, don’t hesitate to contact our team today. At the CEO Lawyer Personal Injury Law Firm, we can review your situation’s details to help you determine where (or whether) professional negligence occurred.
Call 833-254-2923 or contact us online today to schedule a free, confidential case review with experienced medical malpractice attorneys in Smyrna.