The key part to any medical malpractice claim is if the medical professional provided the established "standard of care" for the patient. Did the medical professional use the generally accepted method of treatment as other professionals in the area for patients under similar circumstances? Is there evidence that supports this? These are the types of questions evaluated during a medical malpractice investigation.
The standard of care will differ depending on the patient's individual condition. There are factors involved, such as age, length of illness and previous type of treatment, which will affect the standard of care that is applied. If there is evidence that a doctor has been negligent in care and patient injury or illness resulted, then medical malpractice applies. Simply making a mistake is not enough for a medical malpractice lawsuit to be filed. There has to be proven evidence that medical negligence occurred and is directly linked to the patient's injury or adverse health condition.
Medical malpractice occurs when a doctor or other medical provider acts in a way (or fails to act) which leads to injury or some kind of harm to the patient. There is no room for error in the medical field, but mistakes are still made. However, errors as a result of medical negligence are unacceptable and you should speak to an attorney regarding your legal options if you or a loved one has been harmed by medical malpractice.
If a medical provider has not provided reasonable standard of care, you may have a potential medical malpractice case. At the Law Office of Paul R. Bennett, our attorneys advocate for clients who have been harmed as a result of medical negligence.
While medical mistakes do happen, if a medical professional has failed to provide competent care, we will investigate the case further for medical negligence. If you seek counsel regarding a medical malpractice case in Columbus, contact our law firm for your free case evaluation.
What is informed consent?
Informed consent refers to a doctor or health care provider's obligation to a patient to discuss all the potential risks, benefits and any alternatives for a potential medical procedure or treatment. Typically, written consent must be provided by the patient.
How do I pay for an attorney?
Medical malpractice cases are normally handled on a contingency fee basis. This type of payment method means that the firm received a portion of the compensation award as a result of a favorable verdict in the case. Legal expenses are reimbursed through the settlement. In short, the client is not responsible for any out-of-pocket expenses.
How long will my case take?
Each case is unique, which means the time span will vary. it takes several months to collect all the relevant medical records and documentation necessary for the claim. In many cases, there is also a need for expert opinions and depositions of witnesses.
There is a statute of limitations in GA that applies in medical malpractice lawsuit. When this time expires, a person can no longer file a lawsuit to recover compensation from an insurance company for their injuries.
The statute of limitations in the state of Georgia is 2 years for a medical malpractice lawsuit, although there are certain exceptions that may be made that either shorten or lengthen the time limit for filing a claim. A situation of "failure to diagnose" by a doctor may have an extension given by the court.
Many states incorporate both a statute of limitation and damage caps for medical malpractice claims. An award for damages includes the compensation an injured person can receive in a lawsuit. Currently, Georgia does not have damage caps limiting the total amount a plaintiff can recover.
It's best to speak to a Georgia medical malpractice attorney who can evaluate your case and address all deadlines so that you have the best chance of recovering compensation for injuries.
What Are Common Types of Medical Malpractice in GA?
Medical malpractice can take different forms and the consequences of errors made by doctors, nurses or other medical professionals who patients rely on to provide the best quality of care may be traumatic. While no two cases are the same, there are malpractice claims that are more common than others.
We rely on healthcare providers to make educated and informed decisions regarding our health. Failure to diagnose or misdiagnose can literally put a life on the line.
If a person is over or under medicated, given the wrong medication or is not administered medication in the proper way, this can lead to serious injury.
This type of medical malpractice is responsible for the death of millions of Americans each year.
If a doctor or surgeon violates the established standard of care during surgery, medical malpractice is made. This may include anesthesia errors, leaving surgical instruments or foreign objects inside patients, preventable infections & accidental damage to surrounding muscles or nerves.
The harm or defect caused during the birth of a child due to medical negligence can be devastating and a cast of medical malpractice. Typical medical malpractice cases in newborns include Cerebral Palsy & Erb's Palsy. Both are preventable conditions that lead to pain, discomfort and life-altering needs.
A nursing home or hospital is a trusted environment where staffed medical professionals are supposed to uphold at the standard level of care at the very least. Inaction or negligent behavior can be just as harmful to a patient as a medical error, and can classify as a medical malpractice case.