Atlanta Medical Malpractice Lawyer
Patients place tremendous trust in their surgeons, physicians, and medical care professionals. Unfortunately, these healthcare professionals sometimes breach the standard of care. Our lawyers based in Atlanta have recovered millions of dollars for persons injured in medical malpractice. These lawsuits can compensate for your medical bills, pain and suffering, and future medical care.
“Great experience overall having Alex Weatherby as my attorney.”
“Alex went over and beyond and did everything he could do to ensure a fantastic outcome. Always quick to respond and extremely knowledgeable. He was a pleasure to have on my side and would highly recommend him!”
VALERIE
What You Should Know About Our Medical Malpractice Attorneys in Atlanta
We’re experienced
We have successfully prosecuted numerous medical malpractice cases. We have recovered millions of dollars for folks injured by the medical negligence of their doctor.
We have the team
Medical malpractice requires expert testimony. There’s no way around it. We have been doing this for a while, and we have a team of expert physicians ready to assist you with your case.
It’s a tough business
Medical malpractice cases are tough, but we are prepared to handle it. Our Atlanta medical malpractice lawyers have beaten the odds before, and we can do it again. We will also give you honest advice and fight for you.
Frequently Asked Questions About Medical Malpractice Cases
What is the Basis for Most Medical Malpractice Claims?
Medical malpractice suits arise from any act or omission of a medical care provider that falls below the standard of care, which act causes injury or death. There are many different types of medical malpractice cases, including surgical error, misdiagnosis, wrongful death, birth injuries, birth deaths and many more.
What are the Chances of Winning a Medical Malpractice Suit?
The merits of each case must be determined on a case by case basis. After a free consultation, we can advise you on if your case may be successful. It is important to hire an experienced, professional medical malpractice attorney, like us.
How do I file an Atlanta Medical Malpractice Lawsuit?
You have to hire a lawyer. There are hurdles that must be cleared before a medical malpractice suit is actually filed. Unlike a car accident case, in which an injured person can simply allege the defendant caused the injury, a patient in a medical malpractice case must hire an expert to testify that the doctor committed malpractice. Once a competent expert is on board, a complaint may be drafted, filed, and served like any other lawsuit. We can help prepare your medical malpractice case!
What Does Medical Malpractice Insurance Cover?
There are many different types of medical malpractice insurance. Like any other type of insurance, the coverage provided depends on the policy terms. It is important to note that Georgia law does not require medical providers to carry insurance. While many providers do carry insurance for medical malpractice, some providers may elect not to obtain malpractice insurance.
Under Georgia law, the Medical Board says on their website if a practitioner has medical malpractice insurance. This information is publicly available. If possible, before undergoing a procedure, it is important to determine if your doctor has insurance.
How quickly should I hire a lawyer?
Immediately. If you suspect medical malpractice, it is important to act quickly and contact a medical malpractice attorney. Medical malpractice cases are complex and can only be assessed by a competent attorney. It takes a lot of time to prepare a medical malpractice case. The statute of limitations varies based on the type of negligent act the doctor performed. Therefore, hire a lawyer as soon as you can.
How Do I Report Medical Malpractice?
Medical malpractice is a tort available to compensate injured parties if the plaintiff proves the elements. In order to obtain compensation, you need to hire an Atlanta malpractice attorney, build a case, and either negotiate a resolution with the defendant or file the case to be resolved by a jury.
In addition, the Georgia Composite Medical Board permits persons to file a board complaint and “report” the issue. A complaint with the medical board does not give you compensation, though.
What is Medical Malpractice?
Medical malpractice is a “cause of action” or “tort” in Georgia.
When a doctor or other medical professional fails to follow the standard of care, the patient may file a medical malpractice lawsuit against their medical doctor to recover the damages caused. Breaching the standard of care means the doctor did something that a reasonable doctor would not have done under the same or similar circumstances.
Georgia law defines medical malpractice as “any claim for damages resulting from the death of or injury to any person arising out” of health, medical, dental, or surgical services. This includes diagnosis, prescription, treatment, or care. Medical malpractice can happen at a hospital, clinic, nursing home, medical facility, institution, or doctor’s office.
What Are the Elements of a Medical Malpractice Claim in Atlanta, Georgia?
There are three elements to an action for medical malpractice that the plaintiff must prove.
Duty of Care
First, the patient must prove that the doctor owed the patient a duty. This basically means that the doctor had an obligation to treat the patient in a certain manner. Generally speaking, the patient will argue that doctors, under the same of similar circumstances, would have performed treatment in a particular way.
Breach of the Standard of Care
Second, the patient must demonstrate there was a breach of the standard of care. The standard of care means that the doctor, nurse, or medical professional did not act as a reasonable medical professional would under similar circumstances. Sometimes, breach of the standard of care is quite obvious, such as when a doctor failed to remove a surgical tool. Many times, however, the plaintiff and the defendant will disagree as to the appropriate standard of care. As a result, the plaintiff will have an expert (a medical professional who performs the treatment in question) and the defendant doctor will likewise have an expert.
This is commonly called a “battle of the experts.” It is essential the patient have a credible expert to testify how the doctor messed up. We have experience in locating the best medical experts possible.
Link Between the Breach and the Patient’s Injury
Third, the patient has to prove that their injury was caused by the doctor’s error. In medical cases, this again can be trickier than normal cases. This is because, most of the time, the doctor is working to resolve an injury. So, when there is an injury in the care, the two medical complications may appear intertwined. A solid expert and experienced medical malpractice attorney in Atlanta, Georgia can separate the two, so that the judge and jury understand what went wrong and how it affected you.
What Are the Damages in a Medical Malpractice Claim?
The damages will be the same as those in other personal injury cases.
This includes
- Medical bills,
- Lost wages, and
- Pain and suffering.
The amount of medical bills recoverable in a medical malpractice claim are those reasonably related to the injury caused by the negligence of the doctor, nurse, or another medical professional.
As to lost wages, this is the amount of time that the patient missed from work as a result of the injuries incurred in medical malpractice.
Pain and suffering are up to the “enlightened conscience of the jury.” This means that the jury gets to determine how much to award here, with little guidance.
A skilled medical malpractice attorney in Atlanta, GA is able to articulate how the injury affected the patient’s life in detail. We help the jury understand the monetary value of the pain endured by the patient.
Who Can File a Claim When a Loved One Dies Due to Medical Malpractice in Georgia?
When a patient dies due to medical negligence, family members have the right to bring a claim for the death. The statutes controlling wrongful death cases are complex.
The general rule is that when a family member dies, the following persons have the right to bring the claim (in the order of priority):
- (a) spouse;
- (b) child;
- (c) parents;
- (e) executor/administrator of the estate (usually closest relative)
There are enough exceptions to these rules to fill a chapter in a book, so it is important to speak with a medical malpractice attorney in Atlanta if medical negligence results in the death of a loved one.
Do Medical Malpractice Attorneys Work on Contingency?
Yes, it is free unless we win. We charge a contingency fee. This means you pay us a percentage of the recovery only if we get a result for you. This means there is no fee unless you win the case.
What Does a Medical Malpractice Attorney Do?
Medical malpractice lawyers work with their clients and health professionals to build a case. Hiring a Georgia medical malpractice lawyer is important because there are complex rules you have to follow. At our firm, we help you build a successful case against the medical professional and recover for your injuries.
Recent Atlanta Medical Malpractice Case Result
Facts:
A nice lady went in for an appointment for wrist (carpal tunnel) issues with a doctor. The doctor’s office recommended that she have surgery on her elbow (cubital tunnel) instead of her wrist. She agreed. When the surgeon began the surgery, he accidentally cut a nerve in two with a pair of scissors. It left her arm paralyzed, and she had constant nerve pain. It is like if you hit your funny bone, all the time.
Law:
A doctor is required to use the same degree of skill as a reasonable doctor would under the same or similar circumstances. A doctor would not cut this nerve in two, when acting with ordinary skill and care. We lined up an expert who was top notch, gathered all the medical records, and file a lawsuit.
Plan of Action:
We had a free consult with the client. We talked about the issues in the case, the potential pitfalls, and our plan. We consulted with experts until we found the right expert who had the right knowledge for the case. We worked with the expert to gain a full understanding of the medical issues in the case. We prepared and filed a complaint and began the litigation process. Ultimately, the case was settled for a confidential amount of money to compensate her for her injuries.
Case Results
We have recovered
millions of dollars
for people injured by doctors. We can help you too!
Contact an Atlanta Medical Malpractice Lawyer
We will fight to pursue the maximum compensation available under the law for our clients.