If you were injured at Emory University Hospital Midtown in Atlanta, GA, due to medical negligence, you may be able to pursue compensation. Medical malpractice cases are complex, and understanding the steps to take after being injured is critical.
Here are five essential steps to follow if you’ve been hurt in a hospital setting.
- Seek Immediate Medical Attention
Even if you’re already in a hospital, it’s crucial to ensure that your injuries are properly documented and treated right away. If you believe your injury is due to medical negligence, request another healthcare provider or seek a second opinion.
Thorough documentation of your condition will be key to building your case later on. Medical records serve as critical evidence in a medical malpractice claim.
- Document Everything
After you’ve received medical attention, start gathering and organizing evidence. Clear documentation can be the difference between winning and losing your claim. Be sure to:
- Keep a detailed record of your medical treatments and diagnoses
- Save all medical bills and related expenses
- Note any changes in your condition following the treatment
- Collect the names of the healthcare providers involved in your care
You should also document any conversations with healthcare staff if possible.
- Understand Medical Malpractice Law in Georgia
Medical malpractice cases in Georgia, including those at hospitals like Emory University Hospital Midtown, are governed by state law. To prove malpractice, you must demonstrate that the healthcare provider failed to meet the accepted standard of care, resulting in injury or harm. This process requires:
- Establishing duty of care: The healthcare provider must have had a legal responsibility to provide competent care.
- Breach of duty: You must show that the provider’s actions deviated from the standard of care.
- Causation: You’ll need to prove that the provider’s negligence directly caused your injury.
- Damages: You must show that you suffered actual harm, such as medical expenses, pain and suffering, or lost wages, due to the provider’s negligence.
An attorney can help you throughout the process while you focus on your recovery.
- Consult With a Medical Malpractice Attorney
Medical malpractice claims can be particularly complex, often requiring expert witnesses, medical testimony, and a deep understanding of healthcare laws. Hiring an experienced medical malpractice attorney is critical. They can help:
- Assess your claim’s value
- Navigate the complicated legal process
- Gather and analyze medical records and expert testimony
- Negotiate with insurance companies
- Take your case to trial if needed
Most attorneys work on a contingency fee basis, meaning you won’t have to pay unless they win compensation for you. A lawyer can also help you file your claim within the state’s statute of limitations.
Additionally, your lawyer will be able to help you navigate comparative negligence rules and minimize your fault. Georgia follows a modified comparative negligence rule, which means that if you are found partially at fault for your injuries, your compensation could be reduced proportionally.
For example, if you are deemed 25% responsible for your injury, your damages would be reduced by 25%. However, if you are found to be 50% or more at fault, you may not be able to recover any compensation. Your lawyer will be able to help you minimize accusations of fault so you recover as much as possible.
- Be Aware of the Statute of Limitations
In Georgia, the statute of limitations for medical malpractice claims is typically two years from the date of the injury or the discovery of the injury. However, there are exceptions to this rule, especially in cases involving minors or instances where the harm was not immediately apparent. Missing this deadline could mean losing your right to pursue compensation, so it’s crucial to act quickly.
Contact a Medical Malpractice Attorney for a Free Consultation
If you believe you were injured due to medical negligence at Emory University Hospital Midtown, it’s important to take the right steps to protect your rights. Seeking immediate medical care, documenting your condition, understanding the law, consulting with an attorney, and being aware of the statute of limitations are all essential actions.
Contact a trusted medical malpractice attorney with
Contact the Atlanta Personal Injury Law Firm of Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If you or a close one have suffered from medical malpractice in Atlanta, Georgia, please call Malone Law Medical Malpractice and Severe Injury Lawyers at (770) 390-7550 or contact us online to schedule a free case evaluation today.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346