Atlanta Medical Malpractice Lawyer

Medical malpractice occurs when a medical provider fails to provide the necessary standard of care and injures the patient or causes their condition to worsen. Some research studies suggest that this is the third-leading cause of death in the United States, resulting in around 250,000 fatalities each year.

You may be wondering what causes malpractice. The most common causes are:

• Fatigue and overwork
• Inadequate staffing
• Failure to review a patient’s medical history
• Failure to order the correct diagnostic test
• Inadequate training or experience to perform a procedure
• Ignoring patient complaints or symptoms
• Misinterpreting lab results
• Defective medical equipment
• Failure to refer a patient to a specialist
• Failure to provide adequate post-treatment care
• Mistaken patient identity

There are many other causes of malpractice. If you think you were a victim, you should seek immediate legal help.

Medical malpractice claims have four main elements. You must establish each element to have a successful malpractice claim.

• Duty – You must show your doctor owed you a duty of care. All doctors owe their patients a duty of care (e.g., a doctor-patient relationship). 
• Breach of the medical standard of care – You must show that your medical provider deviated from the proper standard when treating or operating on you.
• Causation – You must show that your medical provider’s error or omission caused your injury or worsened condition. 
• Damages – You must establish that you suffered damages as a result of the provider’s conduct.

Your lawyer will use many different forms of evidence. They may utilize medical records, internal hospital records, recorded communications and notes between medical staff, employment records, and other documents.

The medical standard of care is the standard that a medical professional is supposed to provide to a patient based on the generally accepted practices of the medical community. There are many factors that will influence this, including:

• The medical provider’s qualifications and specialty
• The victim’s age and medical history
• What is being treated

Your lawyer will likely use expert witnesses to help establish the medical standard of care in your case.

In Georgia, injured patients are required to submit an affidavit from a medical expert as they initiate a lawsuit. The expert must certify that the patient’s legal claims have a factual basis. 

If you fail to submit this affidavit with your pleadings, the court could dismiss your case. That’s why it’s critical to have an attorney to help you complete the legal paperwork and find the best experts for your case to show liability.

Georgia has comparative negligence rules. Anyone who bears responsibility can be held liable for their share of fault. 

The following professionals are often face liability in Georgia medical malpractice claims:

• Doctors/physicians
• Surgeons
• Emergency room doctors
• Anesthesiologists
• Radiologists
• Obstetricians
• Nurse practitioners
• Pharmacists
• Hospitals
• Medical clinics
• And more

The best way to determine who is liable is to contact a lawyer. Your attorney can investigate the incident, gather evidence, and help identify each party who played a role.

Medical negligence occurs when a healthcare provider makes a decision that accidentally caused harm to a patient. In contrast, medical malpractice involves a medical provider’s actions or omissions in light of medically acceptable guidelines or protocols. 

Entities commonly involved in negligence claims are:

• Hospitals
• Out-Patient Facilities
• Doctors/Physicians
• Nurses and other assistants
• Nurse Practitioners 
• Surgeons
• Anesthesiologists
• Chiropractors
• Dentists 

Our firm can help you identify everyone involved in your malpractice or medical negligence injuries. Contact us to get started.