Question 1

How Can You Prove Medical Malpractice?

Accepted Answer

Medical negligence is a breach of an acceptable standard of care. The question to determine liability is whether a similarly qualified medical professional would have managed a patient's care in the same manner under the circumstances. Your Atlanta medical malpractice lawyers retain expert witnesses in the same or similar area of practice to answer that question.

To prove medical malpractice has occurred, we will establish the following:

The defendant (physician, hospital, or other medical professional) owed a duty of care to you.
The defendant failed to exercise this duty of care.
You suffered harm as a direct consequence of this failure.
The harm you suffered resulted in losses, both economic and noneconomic.

For a medical duty of care to exist, there must be an established medical provider-patient relationship. When the patient consents to treatment, the healthcare provider has a medical duty of care to the patient from that point forward. A medical provider is obligated to provide treatment in these instances as well:

Hospitals may not be able to deny care to indigent persons if the facility accepts certain federal funding;
Emergency room personnel may be required to treat persons with a life-threatening condition; or
The medical duty of care exists if a person is unconscious and family members authorize the treatment.

Question 2

What Damages May I Recover?

Accepted Answer

In Georgia, a victim and/or a close family member may be awarded compensatory damages for medical malpractice, including economic and noneconomic losses that are directly consequent of the injury.

Economic damages include:

The cost of reasonable and necessary medical expenses for treatment of injuries
The cost of future medical care
The cost of domestic services, such as in-home care or medical equipment
The loss of earnings if the victim cannot work

Noneconomic damages address the:

Physical and psychological harm to the victim and family
The reduced enjoyment of life for the victim and family
Physical pain and suffering of the victim
Mental pain and suffering of the victim
Other less concrete effects of the injury

The second category of medical malpractice damages is punitive. Punitive damages are a punishment imposed only if it the injured party clearly proves that the medical provider acted with willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences.

Question 3

What Are Common Types of Medical Malpractice?

Accepted Answer

Medical negligence can take many forms. A patient may become the victim of medical negligence and not even know it until years later, when the consequences are made apparent. Common types of medical negligence may include:

Neglectful use of X-ray
Wrong prescription
Incorrect procedure
Contamination

Some more serious types are discussed below.

Diagnosis-Related Errors

Before medical treatment is given, the condition being treated must be identified correctly. This identification is known as a "diagnosis." Medical malpractice can easily occur during diagnosis in several ways, including:

Failure to diagnose a medical condition entirely;
Mistaken diagnosis, identifying the condition as something that it is not; or
Delayed diagnosis that postpones prompt treatment.

Failure to diagnose and mistaken diagnosis almost always result in a delayed diagnosis, because they both use up time between the patient's first attempt to find an answer and the identification of the underlying medical issue.

Surgical Errors

Despite rapid advancements in medicine in the past century, surgery still poses risks. Common surgical errors that may amount to medical negligence include:

Unintentional laceration or perforation during surgery;
Wrong site-surgery, such as amputation of a healthy limb instead of a diseased one; or
Surgical tools left inside patient, like sponges or clamps.

Anesthesia is a key part of most surgeries. Because administering anesthesia is a delicate and complex practice, anesthesiologists and nurse anesthetists must be properly trained. Anesthesia errors that can occur during surgery include:

Negligent preparation of anesthesia medications, equipment, or the patient; or
Failure to monitor or respond promptly to signs of distress.

Birth Injuries

The birthing process is a delicate one, and the entire medical staff must be on the lookout for signs of fetal or maternal distress. They must also pay careful attention to ensure all procedures are carried out correctly. Medical malpractice birth injuries that may cause harm during labor and delivery include:

Negligence in C-sections, such as not ordering a necessary C-section or ordering an unnecessary C-section, or errors made during the C-section itself;
Improper treatment during a difficult birth, such as the improper decision to use forceps or a vacuum extractor to move the process along;
Medication errors that can harm the mother, the baby, or both; and
Complications in induced labor, including inducing labor too quickly through drugs like Pitocin or failing to induce labor when needed.

Question 4

Who Can Be Held Liable for Your Injury?

Accepted Answer

Most medical treatments involve a number of parties, from the hospital receptionist that signs you in and takes down your information to the nurse who provides your aftercare instructions when the treatment is over. Because so many parties are involved with a patient’s treatment, there are many potential defendants in a medical malpractice claim, including:

Doctors. This includes all medical doctors: primary care physicians, surgeons, psychiatrists, radiologists, licensed alternative medicine practitioners, dentists, etc.
Other medical professionals. This would include anyone else involved in your treatment: anesthesiologists, EMTs, paramedics, policemen, and other first responders; nurses, nurse practitioners, physician assistants, physical therapists, X-ray techs, etc. - either in private practice or employed by a doctor.
Treatment facilities. Any facility involved in patient care can be held liable in cases of medical malpractice, including hospitals, surgery centers, clinics, labs, nursing homes, assisted living centers, hospices, urgent care centers, etc. At such facilities, it is up to the company to thoroughly validate an employee’s skill, training, licensing, work record, and more. If an employee of a facility commits an act of medical malpractice, the facility or doctor that employs him or her can be sued for medical malpractice. This is known as “vicarious liability.”
Health maintenance organizations and insurance companies. There have been cases where HMOs were found vicariously liable for not adequately vetting the doctors that they allowed into their organization. HMOs can also be sued if they do not approve a treatment that’s needed, or force a patient’s release from a hospital before it is safe. Insurance companies can be held liable for the same reasons, or for refusing to pay for a needed treatment after the treatment has been completed.
Pharmaceutical companies and device manufacturers. The makers of a medication can be held liable if their product causes harm to a patient, particularly if the company failed to adequately warn physicians and consumers of possible adverse effects. The manufacturer of a medical device, such as hernia mesh, pacemakers, stents, and IUDs, may be sued if the product causes unexpected harm to a patient. A manufacturer can also be sued in a "defective product" lawsuit if the product is designed or manufactured defectively.

Atlanta Medical Malpractice Lawyers

We Can Handle Your Medical Negligence Claim

How Can You Prove Medical Malpractice?

What Damages May I Recover in a Georgia Medical Malpractice Suit?

What Are the Common Types of Medical Malpractice?

Diagnosis-Related Errors

Surgical Errors

Birth Injuries

Lack of Informed Consent

Who Can Be Held Liable for Your Injury?

Statute of Limitations and Damage Caps

Helping You Get the Settlement You Deserve in Atlanta

Recent Medical Malpractice Verdicts and Settlements

Additional Information