Georgia Duty of Medical Care Lawyers
Establishing Duty of Medical Care
The Atlanta medical malpractice attorneys at Grant Law Office, are sincere, compassionate advocates for those injured by medical practitioners. When a healthcare provider makes a mistake, the result can be life changing and sometimes deadly. If you suffered permanent injury in a medical treatment or procedure, or if a family died in the course of care, you undoubtedly have questions regarding the legal responsibility for the medical negligence. We are here to answer those questions for you.
What Is Medical Duty of Care?
Torts are the basis of the civil justice system. A tort is a civil wrong, a negligent act in which a person or entity injures another. The law allows the injured party to pursue a lawsuit against the negligent party for monetary damages. Monetary damages are the only way to compensate an injured party under the law. The reason for this is that when medical negligence causes permanent injury or death, neither the court nor the liable party can restore one's health or life.
Personal injury cases are torts, and to succeed in a personal injury claim, the injured party has the burden of proving that the injured party breached a standard of care. Professional negligence, which includes physicians and other health practitioners, 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 or similar manner under the circumstances. Your Atlanta medical malpractice lawyers retain expert witnesses in the same or similar area of practice to answer that question.
Establishing a Georgia Medical Duty of Care
It is important to note that the medical duty of care is not an automatic assumption. In order for a medical duty of care to exist, there must be an established medical provider-patient relationship. When the healthcare provider and patient make a voluntary agreement, the healthcare provider does have a medical duty of care to the patient from that point forward.
There are exceptions to the establishment of the healthcare provider-patient relationship. A medical provider might be obligated to provide treatment to a person in these instances:
- 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.
Grant Law Office Helps Victims of Malpractice and Negligence
Feel free to call our Atlanta medical negligence lawyers with questions concerning a treatment provider's medical duty of care or any other issues regarding Georgia medical malpractice claims. You can contact us at (866) 249-5513 or (404) 995-3955. For your convenience, you can also use our case review form or send an email to email@example.com. Be advised that you should not wait to call because a potential malpractice claim is subject to time limitations. Due to high burden of proof imposed in such claims, extensive research and preparation is necessary. Lawyers must have the time to evaluate and prepare the claim properly.