If you have been the victim of medical malpractice in Atlanta, you may be entitled to significant compensation for your injuries. However, getting the compensation you are owed without the help of an experienced medical malpractice lawyer can be difficult.
Winning a medical malpractice claim requires proving very specific legal elements. Keep reading below to learn the four specific things you must prove to win your medical malpractice case.
- A Duty of Care Was Owed
Most medical malpractice claims are based on the concept of medical negligence. To show that negligence occurred, you must first establish that the medical provider owed you a duty of care.
This duty of care typically begins when the doctor-patient relationship is established. This relationship may be proven by various pieces of evidence, such as a signed Consent to Treatment form or medical records that show you were seeking treatment from the provider and were accepted as a patient.
The duty of care owed in these cases requires a doctor or healthcare provider to provide treatment consistent with accepted medical standards. The specific duty owed in your case depends on the doctor’s training and experience. The level of care required is that of a similarly experienced provider in a similar medical situation.
- Breach of Duty
Once the duty of care has been established, you must prove that your provider deviated from that standard. In effect, they acted outside of accepted medical standards under the circumstances.
Some common examples of a deviation from the standard of care include:
- Prescribing the wrong medication
- Failure to order the proper diagnostic tests based on your symptoms
- Failure to treat
- Misdiagnosis or delayed diagnosis
- Failing to review a patient’s medical records and history
- Surgical errors
- Performing the wrong procedure on a patient
- Inadequate follow-up care
Often, medical experts are needed to help determine whether the provider’s behavior was outside the accepted standard. A medical malpractice lawyer is skilled at using experts to help you prove your claim.
- Causation
Next, you must show that the provider’s behavior was the direct cause of your injuries.
Causation links the provider’s behavior to your injuries or damages. Just because a doctor was careless does not mean that you will win a medical malpractice claim. You must be able to show that your injuries were a direct result of their carelessness.
Causation can sometimes be challenging to prove in these cases. Most people seeking medical treatment already have injuries or ailments of some kind. Medical experts can help provide evidence that directly links the provider’s behavior to additional injuries or harm.
- Damages
Finally, you must show that the provider’s conduct caused you some type of actual harm. If you did not suffer any harm, you would not be entitled to recover compensation. Generally, the harm suffered by medical malpractice victims includes both economic damages and non-economic damages.
Economic damages compensate victims for their financial losses, such as:
- Additional medical bills
- Lost wages
- Lost benefits
- Out-of-pocket expenses
Non-economic damages compensate victims for their physical and emotional pain and trauma.
These losses may include:
- Pain and suffering
- Emotional distress
- PTSD
- Loss of consortium
- Diminished quality of life
- Anxiety
- Depression
An experienced medical malpractice lawyer can help you identify all the damages that may be available in your case and put a proper value on them all.
How Long Do I Have to File a Medical Malpractice Claim in Georgia?
Georgia law typically allows medical malpractice victims two years to file a claim for damages. However, your injuries may not be immediately apparent after an instance of malpractice. Special circumstances such as these can make the filing deadline differ from the general rule.
This is why you should always seek help from an experienced lawyer as soon as you are aware of any harm or injuries. Your lawyer can determine the rules that apply to your situation and ensure you do not miss your chance to recover compensation for your injuries.
Contact the Atlanta Medical Malpractice Lawyers at Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If you’ve been injured by medical malpractice, Malone Law Medical Malpractice and Severe Injury Lawyers is here to help. We offer free consultations, so don’t hesitate to reach out to get the compensation you deserve. Contact us today for a free consultation with an Atlanta medical malpractice attorney.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346