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Atlanta Attorneys Answer Medical Malpractice FAQs

If you or a loved one has suffered as the result of negligence on the part of a medical professional, please contact an Atlanta medical malpractice attorney at Grant Law Office immediately for answers to your questions. We are here to help you. Call (866) 313-8796 or (404) 476-6540.

What is medical malpractice?

What are the most common types of medical malpractice?

Who is to blame for medical malpractice?

Have I waived my rights to file a medical malpractice lawsuit if I signed a consent form?

When is a misdiagnosis considered medical malpractice?

When should I file my medical malpractice claim in Georgia?

How much compensation may I recover in my Georgia medical malpractice suit?

Why do I need an attorney for my medical malpractice claim case?


Q: What is medical malpractice?

A: Medical malpractice occurs when a medical professional breaches his or her duty to the patient, and as a result of this breach, the patient suffers harm. Because doctors, nurses, and other medical staff receive specialized training and education in order to perform their jobs, they are required to uphold a standard of care when treating patients. They must exercise caution and treat the patient in the manner that a similarly situated medical professional in the same field would.

Medical malpractice injury is often the most debilitating, unexpected, and severe harm a person can suffer. When you receive care from a doctor or nurse, you should be able to rest easy knowing that your health is in highly trained hands. Unfortunately, even during the most routine procedures, medical providers are careless, resulting in devastating injuries.

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Q: What are the most common types of medical malpractice?

A: Medical errors can occur at every level of the hospital system, from the floor staff to the administrative head. The most common types of medical malpractice include the following:

    • Misdiagnosing an illness or providing a delayed diagnosis
    • Surgical errors, like leaving a surgical instrument inside a patient
    • Prescribing the wrong medication or a medication known to interact with other medications the patient is taking
    • Failure to respond in time to patient symptoms, when time is of the essence
    • Misreading x-ray, CT scan, or another test result
    • Negligent handling of patient records

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Q: Who is to blame for medical malpractice?

A: Medical errors are on the rise in the state of Georgia. As such, it is important to consult an accomplished medical malpractice lawyer who can assist you with evaluating your claim, exploring your legal options, gathering evidence, and fighting for justice. Basically, any healthcare provider who caused or contributed to the negligence and resultant harm may be held legally liable. That includes:

Often, a doctor or hospital will push a victim into an unfavorable settlement early on, or claim that no error was committed.

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Q: Have I waived my rights to file a medical malpractice lawsuit if I signed a consent form?

A: Barring cases of extreme emergency, physicians must receive a patient’s “informed consent” before any invasive procedures or operations are administered. This involves the patient being informed of the treatment’s purpose along with its risks and possible consequences. Even if a patient gives his or her informed consent, he or she can still sue a physician for an error if the physicians failed to adhere to the appropriate standard of care.

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Q: When is a misdiagnosis considered medical malpractice?

A: Medical professionals are allowed to make honest mistakes without being sued, as long as they have exercised their duty of reasonable care. However, a mistake may become a case of medical malpractice if the physician neglects to perform the following actions:

  • Receive and review the patient’s medical history
  • Identify the more obvious symptoms of an ailment
  • Order proper screenings for symptoms
  • Accurately evaluate test results

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Q: When should I file my medical malpractice claim in Georgia?

A: The general statute of limitations for medical malpractice lawsuits in Georgia is two years. There are exceptions to the rule, however, that can affect the time a patient has to file his or her claim.

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Q: How much compensation may I recover in my Georgia medical malpractice suit

A: Georgia was among the states that enforce a cap on medical malpractice damages. Before 2010, a $350,000 cap on non-economic damages was in effect. Fortunately, the Supreme Court of Georgia struck down the limit as unconstitutional. However, new cap bills are being proposed every year. Check the latest updates on medical malpractice law in Georgia to stay informed on the matter of damages.

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Q: Why do I need an attorney for my medical malpractice claim case?

A: Hospitals and other medical institutions have the resources to effectively dispute medical malpractice claims. Also, the laws surrounding medical malpractice are complex, and unless you possess legal expertise on the subject, you may find yourself lost and confused if you try to pursue your claim alone. Get in touch with the dependable Atlanta medical malpractice lawyers at Grant Law Office if you want high-quality legal representation. Call (404) 995-3955 or toll-free (866) 249-5513 today.

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Disclaimer: The legal information offered herein by Grant Law Office, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact an attorney for a consultation.

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*Wayne Grant has been practicing law since 1979. Grant Law Office was founded in 2000.