Medical malpractice occurs when a healthcare professional provides care that is below the accepted standard of care in such a way that they injure a patient. It can take many forms, including surgical errors, birth injuries, diagnostic errors, or other negligent care.
It may be overwhelming to know what to do after you’ve suffered medical malpractice in Atlanta, Georgia. If you suspect your doctor has committed medical malpractice against you, follow these steps to protect your health and legal rights.
Request Your Medical Records
Georgia law gives patients the right to request their medical records. You do not have to tell your provider why you want your records. However, your healthcare provider can charge a reasonable fee for this request and require you to sign a release form.
Your medical records will be essential for any medical malpractice claim you bring. They can identify the healthcare providers who were present when the malpractice occurred, signs they may have missed, and their actions once they realized a mistake had occurred.
Seek a Second Opinion
Your health is paramount. If your doctor committed medical malpractice, seeing another medical provider may help reverse the damage they caused and provide treatment for the underlying condition for which you initially sought treatment.
When meeting with your new doctor, be honest about what happened.
Discuss the following information:
- Your symptoms
- Your initial diagnosis
- The treatment you received
- Your response to treatment
- Your suspicions regarding negligent treatment
Your new doctor may order additional testing that can help provide an accurate diagnosis.
Seeing a new doctor will also help build your case. A new healthcare professional will document your statements, concerns, and response to proper treatment. You can use these new medical records in your malpractice case.
Keep Detailed Records
In addition to your medical records, keep detailed records of the following:
- A personal narrative describing your initial symptoms, when you began suspecting medical malpractice, problems you noticed, and the names and affiliations of the various medical providers involved
- Receipts for durable medical supplies, transportation costs, and other financial losses you’ve incurred
- Employment information, including pay stubs, employer letters, and income tax records that show how much time you missed before the accident
- Statements, photos, or videos that show how your relationships with loved ones have changed since the medical malpractice
- An ongoing journal of your recovery and the challenges you are experiencing
Bring these documents to your initial consultation with an Atlanta medical malpractice lawyer. Under Georgia law, you generally have two years to file a personal injury claim. Given this limited time to take legal action, don’t delay in seeking legal representation.
Don’t Contact Your Original Doctor
While you may be tempted to contact your original doctor and let them know that you are taking legal action, it is not advised to do so. Once the healthcare provider knows that you are considering taking legal action, they may be less cooperative or transparent.
Your attorney can handle any communications with your doctor and their medical malpractice insurance carrier.
Contact the Atlanta Medical Malpractice Law Firm of Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
Medical malpractice cases are highly complex. They involve an intersection between the law and medicine. You need a lawyer who is experienced in medical malpractice cases.
Malone Law Medical Malpractice and Severe Injury Lawyers has over 50 years of experience in personal injury and medical malpractice law. Contact us for a free consultation regarding the next steps to take after suffering medical malpractice in Atlanta, GA.
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