Atlanta Medical Malpractice Lawyer

Medical malpractice occurs when a medical provider fails to provide the proper 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 of medical malpractice include:

• 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 proper post-treatment care
• Mistaken patient identity

There are many other causes of malpractice. If you think you were the victim of a medical professional’s mistake, you should seek immediate legal help.

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

• Duty – You must show your doctor or medical provider 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 of care when treating or operating on you.
• Causation – You must prove 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 medical provider’s conduct.

Your lawyer will use many different types of evidence to help prove your claim. 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 of care 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 the standard of care, including:

• The medical provider’s qualifications and specialty
• The patient’s age and medical history
• The condition or injury being treated

Your personal injury lawyer will likely work with 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 medical expert must certify that the injured 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 medical experts for your case.

Georgia has comparative negligence rules. All parties who bear responsibility for your injuries can be held liable for their share of fault. 

The following professionals are often named as defendants 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 for your injuries is to contact a medical malpractice lawyer. Your attorney can investigate the incident, gather evidence, and work to identify each party who played a role in your injuries.

In addition to medical malpractice, healthcare professionals can also be responsible for medical negligence. 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. 

Common entities involved in medical malpractice/negligence claims include:

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

Our legal team can help you identify all the parties involved in your malpractice or medical negligence injuries. Contact us today to get started on your claim.