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Practice Areas Medical Malpractice

The term medical malpractice refers to the negligent errors performed by doctors, physicians, nurses, dentists, or other healthcare professionals. Whenever we as individuals seek medical assistance in any form we are trusting that our lives are in good hands. Most of the time, these professionals are very competent and diligent in their work and have received the highest training, however, mistakes can unfortunately still occur. When these mistakes do happen, the doctor or other healthcare assistant can be found guilty of medical malpractice, especially if their error results in serious injury or, in extreme cases, wrongful death.

Medical Malpractice

Each state has their own statute of limitations regarding medical malpractice cases. The statute of limitations is the time limit that an injured person or their loved one has to file a suit. In Georgia, the statute of limitations is two years from the date of injury or wrongful death. Additionally, Georgia has a statute of repose, which further limits someones ability to file a claim against a medical professional. The statute of repose for our state says that an injured individual only has five years to file a claim after the date of injury or wrongful death occurred.

Due to these strict timelines, it is important that you seek legal assistance from a Georgia medical malpractice attorney soon after your injury occurs.

What is Needed to Prove a Malpractice Case?

1
Relationship
2
Negligence
3
Injury
4
Details

1. Relationship Doctor-Patient Relationship

This is probably the most simple step to prove in a medical malpractice case. A doctor-patient relationship existed if the doctor agreed to provide certain treatment or care. This relationship tells the court that the doctor did indeed have a certain obligation.

2. Negligence Negligent Care

To prove that the treatment you received from a doctor was negligent in your diagnosis the court will consider whether or not the doctor violated the medical standard of care. The term "standard of care" is defined as the level and type of care that a skilled health care professional would have provided under the circumstances that led to the alleged malpractice. Proving that your doctor did not meet the medical standard of care during your treatment or diagnosis is crucial to a medical malpractice case.

3. Injury Negligence Led to Injury

You cannot win a medical malpractice case just by proving that a doctor was negligent. You must be able to show how that negligence led to your injury or a loved one's wrongful death. You must prove that your condition worsened, or you suffered additional medical issues due to the actions of your doctor. This is where an attorney can be used to explain how your medical issues were a direct result of the negligence.

4. Details Details of Harm

To prevail in a medical malpractice case, you must be able to show the harm or damages you have suffered due to negligence. This can be shown through medical bills or lost wages. In malpractice cases, plaintiffs are typically also entitled to compensation for physical and emotional pain and suffering that the negligence caused as well.

Damages Available in Malpractice Cases

Compensatory

These damages compensate you for medical bills and lost wages due to days of missed work.
Non-Economic

These damages compensate you for pain and suffering that has been caused.
Punitive

These damages are used to punish a medical professional due to their actions that caused an injury or death. These damages are typically only used in Georgia when it can be proven that a healthcare professional committed an act of misconduct, malice, or fraud while treating their patient.

Medical Malpractice

  • Misdiagnosis
  • Birth Injuries
a man and a woman sitting at a table
Misdiagnosis or failure to diagnose is the most common form of medical malpractice throughout the country. In the United States, nearly 12 million people are misdiagnosed each year.
a close up of a woman
Birth injuries, not only leave the baby suffering, but the parents also experience a level of pain. Some injuries during birth cannot be avoided, but others are at the fault of medical negligence.

Common Causes

Prescribing the Wrong Medication
Infections Caused by Unsanitary Tools
Anesthesia Errors
Improper Diagnosis or Failure to Diagnose
Failure to Review Medical History
Misadministration of Drugs
Failure to Order Correct Testing
Misinterpretation of Test Results

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