We seek medical treatment to help us with an illness or injury. We trust the doctor will diagnose our condition based on our symptoms, diagnostic tests, and their medical knowledge. Then, they prescribe a treatment plan that gives us the best chance of recovery. We never expect our doctors or medical providers to cause us additional injury and harm.
Unfortunately, medical mistakes and negligence are common. Medical errors and negligence can cause severe injuries and life-threatening conditions. If a medical provider causes a patient harm, the patient can sue the provider for medical malpractice.
Before recovering compensation for a medical malpractice claim, you must have sufficient evidence to prove the four Ds of malpractice claims. Our Atlanta medical malpractice lawyer discusses the legal elements of a malpractice claim in this article.
What Are the 4 Ds of Negligence by a Medical Provider in Georgia?
A successful medical malpractice claim must include all 4 Ds of medical negligence. The burden of proof is on the patient to establish each element by a preponderance of the evidence. In other words, you must prove to the jury there is a greater than 50% chance that your claim is true.
The 4 Ds of medical negligence are:
- Duty of Care
Before a medical provider can be held liable for negligence, they must owe a duty of care to the patient. The duty is based on the doctor-patient relationship. Medical records can prove that you sought the provider’s help and they accepted you as a patient. A signed Consent to Treatment form is another way to prove the medical provider had a duty of care.
The duty requires healthcare professionals to provide treatment consistent with the accepted standards of the medical field. The level of care is based on what a healthcare provider with similar experience would do in the same medical situation.
- Deviation from the Duty of Care
When a healthcare provider deviates from the accepted medical standard of care, it is known as a breach of duty. Common examples of deviations from the duty of care include:
- Failure to warn patients of potential risks
- Misdiagnosing a medical condition
- Surgical errors
- Prescribing the wrong type of medication or an incorrect dosage
- Failing to order diagnostic tests
- Discounting or ignoring a patient’s symptoms
- Performing the wrong procedure on a patient or performing surgery on the wrong patient
- Failing to review a patient’s medical history and risk assessment
- Provide inadequate follow-up care
- Misinterpreting the results of medical tests
Medical malpractice lawyers hire medical specialists to assist in determining the accepted medical standard of care based on the facts of the case. Expert witnesses are also necessary in a medical malpractice case to explain how the doctor’s conduct deviated from the accepted medical standard.
- Damages
Medical experts are also called to explain how a doctor’s deviation from the medical standard of care harmed the patient. The doctor’s conduct must have resulted in damages for the patient to recover compensation for a medical malpractice claim.
The harm suffered by a patient includes economic damages, such as medical bills, out-of-pocket expenses, and lost wages. Non-economic damages include emotional distress, pain and suffering, diminished quality of life, impairments, and mental anguish.
- Direct Causation
Negligence and medical errors do not always lead to a medical malpractice claim. A deviation from the standard of care must be a direct cause of the patient’s harm. Evidence must link the doctor’s actions to the patient’s injuries. This is known as causation.
Causation can be challenging to prove. Bad results happen in medical settings. Doctors cannot guarantee a specific outcome. Therefore, your attorney will use your medical records and opinions from medical experts to help create the link that results in direct causation.
Medical Malpractice Covers All Healthcare Providers
Doctors are not the only medical providers that can be sued for medical malpractice. All medical providers have a duty of care to meet the minimum standard of care for a given situation. If they fail to meet the standard of care, they can face a medical malpractice lawsuit.
Other healthcare professionals that could be guilty of malpractice include:
- Nurses, including CNAs, nurse practitioners, certified nurse anesthetists, and midwives
- Optometrists
- Paramedics and EMTs
- Dentists
- Radiation therapists
- Dental hygienists
- Radiology technicians
- Chiropractors
Hospitals, medical practices, urgent care facilities, nursing homes, and other healthcare facilities could also be named in a medical malpractice lawsuit. The facilities may be liable for the negligence of their employees or their own negligence in operating the facility.
What Is the Deadline to File a Medical Malpractice Lawsuit in Georgia?
The Georgia statute of limitations sets deadlines for filing medical malpractice lawsuits. Missing a deadline could prevent you from pursuing legal action for damages. A judge could dismiss your lawsuit even though you have a valid claim against a doctor or other medical provider.
The statute of limitations for most medical malpractice claims is two years. However, some patients may not discover the malpractice immediately. Therefore, there could be exceptions to the rule.
The best way to avoid missing the filing deadline for a medical malpractice lawsuit is to discuss your case with an attorney as soon as possible. An attorney can determine the statute of limitations for your case based on the factors in your case and the applicable law.
Get More Information About a Medical Malpractice Claim in Atlanta, GA
Medical malpractice cases are complicated injury claims. They have different rules from other personal injury cases. An Atlanta medical malpractice lawyer can help you with a claim by:
- Investigate your claim to identify the cause of your injury and gather evidence
- Hire leading medical experts to provide opinions and testimony to strengthen your claim
- Document your damages to determine how much your malpractice case is worth
- Pursue top-dollar settlements based on the damages in your case
- Aggressively advocate for you at trial if settlement is not possible
If you have questions about a medical malpractice claim, contact Malone Law Medical Malpractice and Severe Injury Lawyers for a free consultation with an attorney. We stand up for your rights and fight to hold the medical provider accountable for the harm they caused.
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