When we seek medical care, we place our trust in the hands of trained professionals. Unfortunately, that trust can be shattered when a healthcare provider fails to meet the accepted standard of care. Mistakes and errors can result in serious injury, long-term health consequences, or even death. Sometimes mistakes can be considered medical malpractice and create a legal cause of action for injured patients.
Understanding what qualifies as malpractice can help patients better protect themselves and their families.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to deliver care that meets the accepted medical standard and injures a patient. The “standard of care” refers to the level and type of care that a reasonably competent and skilled medical professional would provide under similar circumstances. It is the accepted level of care for a specific condition or procedure.
To bring a successful malpractice claim, an injured patient must prove four elements:
- Duty of Care: A doctor-patient relationship existed, meaning the medical provider had a duty to care for the patient.
- Breach of Duty: The medical provider deviated from the professional standard of care.
- Causation: This breach directly caused injury or harm.
- Damages: The patient suffered financial and emotional losses as a result.
Expert medical testimony is required to demonstrate the standard of care the provider was supposed to adhere to for the procedure or treatment at issue.
What Damages Can You Recover in Medical Malpractice Cases?
Patients injured due to malpractice often face more than just physical pain. The damages in these cases can be extensive and fall into two main categories:
- Economic Damages: These include measurable financial losses like medical bills, lost wages, rehabilitation costs, and future medical expenses.
- Non-Economic Damages: These refer to personal, nonmonetary losses such as pain and suffering, emotional distress, disability, and loss of enjoyment of life.
Some states cap the amount of damages an injured patient can recover in a medical malpractice claim. Fortunately, Georgia has no statutory caps on economic and non-economic losses, meaning you can recover full compensation for your injuries and losses related to malpractice.
Common Examples of Medical Malpractice in Georgia
Malpractice is one of the leading causes of death nationwide. While malpractice can happen in any healthcare setting and encompasses a variety of conduct, some errors/mistakes are more common than others.
Common examples of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition like cancer or heart disease in time can cost a patient the opportunity for effective treatment.
- Surgical Errors: Operating on the wrong site, leaving instruments inside the body, or performing an unnecessary surgery are all preventable mistakes.
- Medication Errors: Prescribing or administering the wrong medication or dosage, or failing to check for allergies or drug interactions, can have life-threatening consequences.
- Birth Injuries: Negligence during labor and delivery can lead to conditions like cerebral palsy or Erb’s palsy in newborns.
- Anesthesia Errors: Giving too much or too little anesthesia or failing to monitor the patient properly during surgery can cause brain damage or death.
- Lack of Informed Consent: Patients have a legal right to understand the risks and alternatives of a procedure. Failing to adequately inform them can amount to malpractice.
Any time a doctor fails to satisfy the standard of care and causes an injury, it can be considered medical malpractice.
What Is the Statute of Limitations for a Medical Malpractice Lawsuit?
If you suspect you or a loved one has been harmed by medical negligence, time is critical. Georgia typically has a two-year statute of limitations for filing medical malpractice lawsuits. However, a five-year statute of repose may apply, and special rules can extend the deadline in cases involving minors or undiscovered foreign objects.
Contact the Atlanta Medical Malpractice 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