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Medical Malpractice Causation
The very nature of professional malpractice is complex, especially in medical negligence claims. As in all personal injury cases, the burden of proof is on the plaintiff (you, the injured party), which means that you must prove that the medical practitioner deviated from the acceptable standard of care, that you incurred injury as a direct result of the treatment or procedure and that you incurred damages as a result of the injury. Physicians and all other healthcare providers are professionals, but they are also human. They make mistakes. Most treatment providers are honest and prefer to correct their mistakes. Unfortunately, the insurance company determines whether a claim is paid. It's a fact that insurance carriers are in business to make money, not to pay it out in claims. That is why it is important for you to have an experienced Georgia malpractice law firm like Grant Law Office, on your side.
An Explanation of Medical Malpractice Causation in Georgia
As noted above, doctors err in diagnosis, judgment, procedure, performance and even carelessness. The problem is that with every error, a patient suffers adversely. The Institute of Medicine reported in 1999 that approximately 98,000 Americans died yearly due to medical mistakes. In July 2012, less than 15 years later, the esteemed Sanjay Gupta, MD estimated that the number escalated to 200,000 deaths a year.
In order for a law firm to resolve a case successfully, it must prove that the treatment provider was negligent and that the negligence was the direct cause of injury to the patient. This is more difficult than its face value on the page. There are many risks in medical treatment and, admittedly, not all mistakes constitute medical negligence.
Examples of Medical Negligence
Following are a few situations of medical negligence and the arguments that a insurance company uses in defense:
- Known medical complication or risk
You suffer from a medical complication that is a known risk for a treatment procedure. While the medical mistake was avoidable, the fact alone that you experienced a known risk factor complicates a claim.
- An error was made, but caused no harm to you because of an underlying medical condition.
The malpractice insurance carrier argues that the mistake caused no harm because you have an underlying medical condition that affected the result.
- Timely diagnosis
A common example of this is cancer. If a provider did not make a diagnosis of cancer initially and the cancer spreads, the insurance company argues that provider is not liable because it is the nature of the disease to spread, regardless of the timing of the diagnosis.
- Layers of Error
Multiple medical errors by separate providers during the course of treatment contributed to the injury, allowing the medical malpractice insurance carriers to delay responsibility of liability.
Your Georgia Medical Malpractice Law Firm
Grant Law Office, is a compassionate, hard working law firm here to serve you in your time of need. Our team of attorneys and staff has extensive experience in medical negligence. We will protect your rights against the high-powered attorneys representing insurance companies and their insured medical professionals. If you have questions about medical negligence errors and mistakes, please call our office at (866) 249-5513 or (404) 995-3955. You can also use our case review form or send an email to firstname.lastname@example.org. You deserve fair compensation when you incur injuries after entrusting your health and welfare to a medical practitioner, and we do our best to see that you receive the full reparation to which you are entitled under the law.