Atlanta Medical Malpractice Lawyer
Atlanta Medical Malpractice Attorney Overview
- Protecting Patients When Care Falls Short
- Learn the Facts: Medical Malpractice at a Glance
- The Hardest Cases Need the Strongest Advocates
- Common Types of Medical Malpractice Claims
- The Need for a Certificate of Merit
- Why Work with a Medical Malpractice Lawyer in Atlanta?
- Find Recovery with a Medical Malpractice Lawyer in Atlanta
Protecting Patients When Care Falls Short
We teach our children at a young age not to trust strangers. Ironically, that’s exactly what we do when we need medical care in an emergency room or urgent care center. For the most part, those staff are all strangers and yet you trust they will provide you with the care you need.
For the vast majority of 136 million patients who visit emergency rooms across the country each year, there aren’t any complications. In fact, 86% of those patients are treated and released. Unfortunately, there are a few incidents in which negligence occurs, and patients suffer harm. That can also happen with your trusted physician.
When that happens, it can be an actionable cause for a medical malpractice claim.
Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility. There could be an actionable cause brought against the following:
- Doctors
- Nurses
- Anesthesiologists
- Radiologists
- Physicians’ assistants
- Hospital administrators
- Surgeon
- Specialists
If you feel you may have been a victim of medical malpractice, you need to seek the advice and counsel of an experienced Atlanta medical malpractice lawyer. These are extremely complicated cases to prove as they require exhaustive investigation.
Learn the Facts: Medical Malpractice at a Glance
Many individuals are under the impression that there is no recourse when medical professionals make mistakes. This assumption couldn’t be farther from the truth.
It’s a simple fact that medical institutions have a lot to lose when a medical malpractice case is successful. Facilities can lose a great deal of malpractice insurance money if multiple errors are made. Their reputation is also at stake as they can even be placed under criminal investigation.
When a mistake is made in a medical setting, doctors, nurses, and other medical staff are often trained to do everything they can to provide “damage control” and divert attention from the real cause of the injury or harm. They may tell you there is nothing anyone can do.
It’s a good idea to remember that they are not looking out for your best interests.
Concrete statistics about medical malpractice cases are difficult to come by. According to a report issued by the Civil Justice Resource Group, somewhere in the range of 25,000 to 120,000 deaths are estimated to be caused by medical malpractice every year in the United States.
Many of those families who are dealing with overwhelming grief might not consider filing a wrongful death claim. However, if there is a doubt about the care, the family deserves answers.
For a mistake to be classified as medical malpractice, it must be proven that the professional failed to exercise their duty of care. In the state of Georgia, two things must be proven for a medical malpractice claim to be successful:
- The health care provider failed to exercise a duty of care.
- The failure was the proximate cause of the injury.
When a health care provider acts negligently or makes a mistake that could have been prevented, we say that they have failed to exercise their duty of care. For example, if a surgeon is forced to cut a patient’s toe in order to reach a tendon in their foot, we would consider this unfortunate but necessary.
If, on the other hand, that same surgeon operated on the wrong foot because a technician failed to label the correct foot, this is an act of negligence.
The staff had a duty of care to ensure they did everything possible to prevent the latter mistake. They failed that duty. Both examples should be avoided whenever possible, but the distinction between them lies in the separation of negligence.
Atlanta Personal Injury Practice Areas
Medical Malpractice
Every time we enter the doors to a hospital, doctor's office, or other medical facility, we expect safe, competent care. When that doesn't happen, you deserve answers.
Car Accidents
A car wreck can change your life in the blink of an eye. If you’ve been seriously injured because of another driver’s negligence, you need help now.
Truck Accidents
Large truck and commercial truck accidents are some of the most devastating accidents we see across the United States and in Georgia.
Wrongful Death
The unexpected loss of a loved one is one of the most traumatic experiences a family can go through. When the death should have been prevented, the loss devastating.
Work Injuries
If you’ve been seriously injured while on the job, you’re likely already aware that your employer doesn’t make providing for your family a simple task.
Nursing Home Abuse
Even if you’re confident you’ve found a safe environment for them, it’s important to remember that there are negligent care facilities that abuse their residents.
Common Types of Medical Malpractice Claims
Medical malpractice lawsuits and medical negligence lawsuits come in many shapes and sizes, but there are some types of claims that are more common than others.
These include, but are not limited to:
Medication Errors
When a doctor or nurse prescribes or administers the wrong type of medication or dosage amount that harms a patient, this counts as medical negligence. This may also apply to a pharmacist who incorrectly fills out a prescription and causes harm or a hospital staff member who fails to ask a patient regarding any medication allergies.
Misdiagnoses or Delayed Diagnoses
Misdiagnoses are fairly common in the medical world, but when a misdiagnosis costs a patient their life or causes them to suffer due to receiving the wrong treatment options and/or delaying effective treatment, a simple misdiagnosis becomes far more complicated—and tragic.
Similarly, when a major diagnosis such as cancer is delayed until the point where symptoms cannot be relieved, there is often no going back.
Birth Injuries
Most mothers give birth without issue, but occasionally a doctor, nurse, or delivery room attendant will make a mistake by failing to properly monitor the baby or mother or use the wrong tools or techniques to help the baby if complications occur. These issues can be detrimental to the health and development of a newborn.
Cerebral palsy is one such example and is often caused by medical negligence during the prenatal stage or childbirth.
Surgical Errors
Negligence-caused errors that occur during surgery and cause harm to the patient have consequences. These errors can range from failing to properly monitor a patient during surgery to not using the right equipment, leaving equipment inside the patient, or operating on the wrong limb/body part.
Anesthesia Errors
When a surgical patient undergoes anesthesia, the doctors and attending anesthesiologist have a duty to monitor the patient, be aware of any potential risk factors the patient may have, and properly handle any anesthesia-related complications that may occur.
When this duty isn’t met, legal recourse can be taken.
The Need for a Certificate of Merit
Before you can file a medical malpractice claim, you need to file a certificate of merit or expert affidavit. This is written testimony from a medical practitioner who is in the related field where the medical malpractice occurred.
This expert must specify at least one negligent act or omission committed by the defendant and detail the factual basis for that claim.
The affidavit must be filed simultaneously with your lawsuit. If you fail to include it, it can result in your case being dismissed. Does this mean you need to track down a medical professional? That is the job of your medical malpractice attorney.
The legal team at Bey & Associates relies on a team of medical professionals to provide this kind of support. These affidavits are also an opportunity to gather all the relevant evidence needed to prove the claim.
That evidence includes the following:
- Complete Medical Records
- Diagnostic Imaging
- Expert Medical Testimony
- Informed Consent Forms
- Expert Testimony
- Financial Documentation
- Employment Records
- Personal Journals
Our attorneys can ensure that your claim will present all the necessary information needed to prevail.
Find the Help You Need Near You
With locations from coast to coast, it’s easy to get support in your area. Choose your location, reach out, and we’ll take it from there.