Were you a victim of medical malpractice in Atlanta, GA? Do you suspect the hospital was negligent? These types of cases can be complicated. An experienced Atlanta hospital malpractice lawyer at Malone Law can help you fight to recover money for your medical bills, lost wages, and personal suffering.
Our lawyers have over 50 years of experience in medical malpractice law. We know what it takes to help you recover the full compensation you deserve. In fact, we’ve already recovered hundreds of millions of dollars on behalf of injured clients like you.
If you don’t have an experienced attorney on your side, you risk walking away with much less than you deserve. Contact our law offices in Atlanta, Georgia today or call (770) 390-7550 to schedule your free consultation with our trusted lawyers.
How Our Atlanta Medical Malpractice Attorneys at Malone Law Can Help if You Were Injured Due to Hospital Negligence
Our award-winning attorneys at Malone Law have been handling complex medical negligence cases since we opened our doors in 1965.
Over the years, we’ve been recognized by Super Lawyers and Best Lawyers in America. We’ve also earned an AV-Preeminent rating from Martindale-Hubbell’s lawyer rating service.
When you hire our Atlanta medical malpractice attorneys to handle your case, we will:
- Gather evidence to prove you were a victim of medical negligence
- Identify all sources of insurance coverage and compensation
- Document your damages and calculate your case value
- Obtain expert witnesses to help in various areas
- Negotiate with the hospital’s insurance companies and defense teams for a fair settlement
- Fight to protect you in court if the insurance offer isn’t acceptable
It’s critical to have an experienced Atlanta medical malpractice lawyer in your corner if you are a victim of hospital malpractice. Contact us today to learn more about how we can fight to protect you.
Hospital Malpractice: An Overview
Hospital malpractice is a type of medical malpractice. Medical malpractice is, itself, a type of negligence. When a healthcare professional is negligent and a patient is harmed, they can be held liable.
However, hospitals can also be held liable for the negligent acts of their employees under Georgia’s vicarious liability laws. The hospital itself can be held responsible for its own negligence.
Hospital negligence cases can be based on many different acts or omissions, including:
- Failure to hire qualified medical professionals (negligent hiring practices)
- Failure to conduct background checks
- Failure to properly train and supervise employees of the hospital
- Failure to provide necessary and adequate medical equipment
- Unsanitary conditions
Hospitals are complex organizations. Responsibility for ensuring that the hospital runs as it should is allocated between multiple departments. Hospital negligence claims can involve administrative mistakes or even negligence in ordering equipment and supplies.
That said, most hospital malpractice cases are based on the negligent acts of the hospital’s medical professionals. Hospitals, as employers, are ultimately responsible for ensuring that their staff is providing proper care.
How Do I Prove That My Hospital Committed Malpractice?
There are a few different things that you’ll have to prove in order to hold the hospital liable for negligence, including:
- You were a patient, so the hospital owed you a duty of care
- A hospital employee was negligent or committed medical malpractice
- You were harmed as a result and suffered damages
Most cases of hospital negligence involve proving that a hospital employee committed medical malpractice. A medical provider commits medical malpractice when they fail to provide care that satisfies the medical standard of care. If the care you received deviated from the medically-accepted standard, you have a valid medical malpractice case.
The medical standard of care is based on:
- The type of medical condition or disease involved
- The patient’s age, general health, and medical history
- The overall circumstances
In short, you should receive care that a reasonable, trained medical provider would have provided under the circumstances.
Under Georgia medical malpractice laws, you’ll need an affidavit from a medical expert before your case can proceed. That affidavit will provide information about the applicable medical standard of care and how the care you received deviated from that standard.
How Common Are Medical Malpractice Claims?
Across the U.S., between 15,000 and 19,000 medical malpractice lawsuits are filed against doctors every year.
Based on data collected in 2022, one-third of all physicians report being sued at least once in their careers. In the state of Georgia, compensation was awarded in 1,436 medical malpractice claims in 2022 and the first three months of 2023.
What Are the Most Common Causes of Hospital Malpractice?
The same issues involved in medical malpractice cases are also relevant in hospital malpractice cases.
Some of the root causes may include:
- Charting and communication errors
- Failure to obtain a patient’s informed consent
- Failure to provide competent follow-up care
- Failure to call in a specialist when needed
- Failure to diagnose a disease
- Failure to order the correct test results
- Misinterpreting test results
- Mistaken patient identities
- Foreign objects left in a patient’s body
- Wrong-site surgeries
- Overworked healthcare providers and understaffing
- Failure to obtain the patient’s medical history
- Failure to properly clean and sanitize medical tools and treatment rooms
- Neglecting a patient’s needs
- Failing to properly monitor a patient who has been hospitalized
At Malone Law, our attorneys in Atlanta have handled complex cases like yours before. We know how to identify the cause of your harm–and how to get the evidence to prove it. To learn more, call our law firm to schedule your free case review today.
What is My Atlanta Hospital Malpractice Case Worth?
The value of a hospital negligence claim can vary widely from case to case.
Factors that are most likely to impact your case value include:
- The nature of the harm you have suffered
- Whether you will make a full medical recovery
- The nature of the hospital’s actions
- The circumstances of the malpractice
- Your financial losses, including increased medical treatment costs
- The level of physical pain and emotional suffering you have endured
- How the error will impact your earnings and quality of life
To learn more about the value of your medical negligence claim, contact us for a free case evaluation today.
What Types of Damages Are Available to Victims of Hospital Malpractice in Atlanta, Georgia?
You can seek compensation for your economic damages and non-economic damages.
Your damages award may include compensation for:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Reduced life expectancy
- Pain and suffering
- Emotional distress
- Anxiety
- Depression
- PTSD
- Diminished quality of life
- Disfigurement
- Loss of consortium in wrongful death claims
Medical malpractice victims in Georgia are entitled to pursue compensation for the full value of their losses.
Hospital Malpractice Can Leave Patients Struggling With Severe Injuries
A medical error can leave patients struggling with severe long-term consequences.
While the costs to victims can vary dramatically, some examples of those consequences include:
- Worsened medical conditions
- Reduced life expectancy
- Chronic pain
- The need for more extensive and painful medical care
- Hospital-acquired infections, which can lead to sepsis
- Bedsores or pressure ulcers
- Brain damage
- Wrongful death of a loved one
A significant medical error can also leave a victim struggling with severe mental health issues like depression, anxiety, and fear.
Who Can Be Held Liable for Hospital Malpractice in Georgia?
Hospital malpractice can occur at any stage of the treatment process. As long as the individual who actually made the error was employed by the hospital, the hospital can be held responsible.
Hospital negligence cases can be based on the following:
- Nursing negligence
- Radiology errors
- Anesthesia errors
- Emergency room errors
- Pharmacy errors
- Defective medical devices
- Lab errors
- Surgical errors
- OB-GYN malpractice
- Birth injuries
Some surgeons and doctors are independent contractors. If you were harmed because of an error committed by an independent contractor, the hospital isn’t always responsible. However, the hospital may still be held liable for its own negligence.
It’s also possible that more than one party could be legally responsible for the harm you’ve suffered. At Malone Law, our experienced medical malpractice lawyers in Atlanta will carefully evaluate the circumstances and identify all parties who are legally liable for your damages.
How Long Do I Have to File a Lawsuit After a Hospital’s Error in Georgia?
Under Georgia law, the statute of limitations in medical malpractice cases is two years. You have two years from the date the harm occurs to take legal action.
An exception exists in cases where a foreign object was left in the patient’s body. In these cases, you have one year from the date the object was discovered to sue for damages.
However, a statute of repose also applies in medical negligence cases. Regardless of the facts, you’re barred from taking legal action after five years pass. That’s true even if you didn’t know about the medical mistake.
Contact a Skilled Atlanta Hospital Malpractice Lawyer for a Free Consultation
If you were a victim of hospital negligence in Atlanta, GA, you can contact us online or call Malone Law for legal help at (770) 390-7550 today. An experienced Atlanta hospital malpractice attorney can help you fight to recover every dollar you deserve.