About Medical Malpractice Lawsuits
- Medical malpractice occurs when a healthcare professional’s negligence, such as a misdiagnosis, surgical error, or failure to provide proper care, causes harm to a patient. This negligence is a deviation from the standard of care expected in the medical field.
- Patients harmed by medical errors can hold a range of healthcare providers accountable, including doctors, nurses, hospitals, and clinics. Compensation may cover medical bills, lost income, pain and suffering, and, in severe cases, funeral expenses.
- Medical malpractice claims are complex and an experienced attorney is essential for meeting deadlines and navigating the legal process.
Why Hire CSS for a Medical Malpractice Lawsuit
At Childers, Schlueter & Smith, we recognize that an injury caused due to medical malpractice can turn your life upside down. Our team is committed to standing up for those harmed by the negligence of healthcare professionals, and we have the experience needed to navigate the intricacies of these complex cases. From gathering critical evidence to working with medical experts, we leave no stone unturned to build a strong case on your behalf. We approach each case with dedication, compassion, and a focus on achieving the best possible outcome, whether through settlement or at trial. By hiring our firm, you are ensuring that your rights are protected and your case is handled with the highest level of professionalism. Let our Atlanta medical malpractice lawyers help you recover compensation so you can focus on your recovery.
What Constitutes Medical Malpractice?
Medical professionals are tasked with providing care and healing. But, when a doctor makes an incorrect diagnosis, fails to treat a patient’s condition promptly, issues an incorrect prescription, or neglects to administer appropriate care, the patient may suffer serious and life-threatening injuries.
Medical malpractice occurs when a healthcare professional is negligent while a patient is in their care. An act of negligence is any deviation from the accepted medical standard of care that causes an injury to the patient being treated.
These incidents can enable patients to pursue legal action against the responsible medical provider. An injured patient may also file a lawsuit if a medical professional purposely fails to treat or diagnose a condition.
Medical malpractice cases are, unfortunately, prevalent in the United States. Dealing with this type of incident can be overwhelming. Anyone who has suffered harm due to the careless acts of a medical professional should reach out to an experienced lawyer right away for help with their case.
Common Types of Medical Negligence
Certain types of medical malpractice claims are brought in court more often than others. Some of the most common forms of medical negligence include:
- Surgical errors
- Delayed diagnosis or misdiagnosis
- Prescription drug errors or early withdrawal of medication
- Anesthesia errors or complications
- Failure to prevent or treat infections
- Injuries to an infant or mother during childbirth
- Neglecting to provide adequate postoperative care
- Neglecting to admit a patient to the emergency room or wrongful discharge
No matter the type of medical malpractice case, a skilled lawyer in Atlanta could provide valuable legal guidance.
Potentially Liable Parties in a Medical Error Case
According to The Official Code of Georgia Annotated § 9-3-70, a medical malpractice claim can be filed against any type of healthcare professional. Healthcare professionals may include medical and dental professionals, pharmacy technicians, lab technicians, surgical assistants, or anyone providing care to a patient.
Additionally, a malpractice case may be filed against medical institutions, such as public and private hospitals, clinics, and nursing homes. A knowledgeable attorney could help an injured patient determine the liable parties in a medical negligence claim.
Damages Awarded in Medical Malpractice Cases
If a patient successfully proves their case, the court could award them significant compensation for their damages. Economic and non-economic damages may include:
- Current and future medical expenses
- Lost wages and lost earning capacity
- Physical pain and suffering
- Emotional and psychological pain and suffering
- Diminished quality of life
- Funeral and burial costs if necessary
An attorney in the area could help victims of medical malpractice calculate all their damages and demand an appropriate amount of compensation.
Limited Time to File a Claim in Atlanta
According to state law, medical malpractice actions must generally be filed within two years of the date of the incident. There are a few rare exceptions for minors, but the court generally bars claims that are not brought within this 2-year time period. As the laws vary by state, it is always best to reach out to a qualified lawyer ASAP to avoid missing the deadline to file a medical malpractice lawsuit.
Medical Expert Affidavit Requirement
Medical malpractice lawsuits can be intricate and complex. In Georgia, all medical negligence complaints must be filed with an affidavit from a doctor or other medical professional. This affidavit must explain how the defendant failed to exercise the reasonable care that an ordinary professional would use under the same circumstances.
In most cases, medical experts are also required to testify about the procedures and complications of a case and denote how the doctor or provider deviated from the standard of care that is generally required. An experienced attorney in the area could help an injured patient understand the laws and meet the procedural requirements established by the laws governing medical malpractice cases.
Schedule an Appointment With an Atlanta Medical Malpractice Attorney
Getting the justice that you deserve in a medical practice case requires significant legal experience. If you feel that you or a loved one has experienced medical malpractice, our Atlanta medical malpractice lawyers could help you get the compensation you need to heal. Contact our team at Childers, Schlueter & Smith, LLC to learn how we could help protect your legal interests. Initial consultations are free.
Frequently Asked Questions
Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in harm to the patient. Common examples include misdiagnoses, surgical errors, medication mistakes, and failure to diagnose a condition.
Liability can extend to doctors, nurses, pharmacists, medical technicians, and even institutions like hospitals and clinics if they contributed to the injury.
Proving malpractice requires showing that the healthcare provider deviated from the standard of care and that this deviation directly caused your injury. This typically involves collecting medical records, expert testimony, and other evidence.
In Georgia, medical malpractice cases require an affidavit from a medical expert explaining how the healthcare provider’s actions deviated from accepted standards of care. This document must be filed along with the lawsuit.
Georgia law generally requires you to file a medical malpractice claim within two years of the incident. Missing this deadline can prevent you from pursuing compensation.
You may recover economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering and diminished quality of life. In some cases, funeral and burial costs may also be covered.
If you suspect medical malpractice, seek medical attention to address any immediate health concerns. Then, consult an experienced medical malpractice attorney who can evaluate your case and guide you through the legal process.
Yes, signing a consent form does not prevent you from filing a claim. Consent forms typically cover known risks, but malpractice occurs when a provider makes an avoidable error or deviates from the standard of care.
A medication error occurs when a pharmacist dispenses the wrong medication, or incorrect dosage, or provides improper instructions for usage, leading to patient harm.
Seek medical attention immediately, preserve any documentation or prescriptions, and contact a medical malpractice attorney to explore your legal options for compensation.
Health risks include untreated conditions, dangerous drug interactions, allergic reactions, overdose, and in some cases, death.
Yes, if you were harmed due to a pharmacist’s negligence, you may be able to file a malpractice claim against both the pharmacist and the pharmacy for compensation.
Your attorney will gather evidence such as medical records, expert testimony, and documentation from the pharmacy to demonstrate how the mistake occurred and the harm it caused.
Victims of medication errors may be eligible for compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the error.
Yes, many medication error cases are settled out of court through negotiations. An experienced attorney can help you pursue a fair settlement without the need for a trial.
A birth injury can occur to a newborn during or just before birth due to medical negligence. This can include physical trauma, oxygen deprivation, or other severe conditions.
Medical errors cause birth injuries during pregnancy or delivery, whereas congenital disabilities stem from genetic disorders or conditions present before birth.
Examples of medical negligence that can lead to birth injuries include improper use of delivery tools like forceps or vacuums, delayed cesarean sections, failure to monitor the baby’s vital signs, or misinterpretation of test results.
Proving negligence in a birth injury case requires demonstrating that the healthcare provider deviated from the accepted standard of care, which directly caused your child’s injury. An experienced birth injury attorney can help by gathering evidence and expert testimony.
Compensation can cover medical expenses, rehabilitation costs, pain and suffering, emotional distress, and loss of future earning capacity for your child.
Generally, you have two years from the date of the injury. However, if the injury isn’t discovered until later, the statute of limitations may be extended.
Not all birth injury cases go to trial. Many are settled out of court through negotiations. However, your attorney will be prepared to take the case to trial if a fair settlement cannot be reached.
Most birth injury lawyers, including Childers, Schlueter & Smith, work on a contingency fee basis, meaning you pay nothing upfront. The attorney only collects a fee if they successfully recover compensation for your case.
