What is Medical Malpractice or Medical Negligence

Medical malpractice or negligence occurs when a healthcare provider deviates from the standard of care, resulting in harm to a patient. In Atlanta, GA, this is a serious issue that affects many individuals seeking medical treatment. On this page, we’ll explore the complexities of medical malpractice and negligence, the legal landscape surrounding these cases in Atlanta, and the steps you can take if you believe you’ve been a victim. Understanding your rights and options is crucial when dealing with such a significant issue.

What Constitutes Medical Malpractice?

Medical malpractice arises when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care that a reasonably competent provider would under similar circumstances. This failure can occur in various forms, from misdiagnosis to surgical errors or improper treatment.

According to Georgia law, specifically O.C.G.A § 9-3-70, medical malpractice is defined as any claim for damages resulting from the death or injury of any person arising out of health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care. The consequences of medical malpractice can be devastating, leading to serious injury, prolonged suffering, or even death.

Patients trust their healthcare providers to act in their best interests, making medical malpractice a profound breach of that trust. When this trust is broken, victims may face not only physical and emotional pain but also financial burdens due to additional medical bills and lost wages. Understanding what constitutes medical malpractice is the first step in seeking justice for the harm caused.

Common Types of Medical Negligence

Medical negligence can manifest in many ways, each with potentially severe consequences. Some common examples include:

Misdiagnosis or Delayed Diagnosis: Failure to correctly identify a medical condition, resulting in incorrect or delayed treatment.
Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving surgical instruments inside the body.
Medication Errors: Prescribing or administering the wrong medication or dosage, leading to harmful side effects or worsening conditions.
Birth Injuries: Negligence during prenatal care or delivery, resulting in injuries to the mother or child.
Failure to Treat: Inadequate or delayed treatment for a diagnosed condition, leading to worsening health.
Improper Aftercare: Failure to provide appropriate care and instructions following a medical procedure, leading to complications.
Negligent Health Management: Inadequate monitoring or follow-up care, resulting in the deterioration of a patient’s health.

In Atlanta, GA, victims of these and other forms of medical negligence have the right to seek compensation for the damages they’ve suffered. However, navigating these cases requires a thorough understanding of the legal system and the ability to prove that the provider’s negligence directly caused the injury.

Are There Damage Caps for Medical Malpractice Lawsuits?

In Georgia, there are no longer caps on the amount of compensation a victim can receive for non-economic damages in medical malpractice cases. Previously, there were limits on how much a victim could be awarded for pain and suffering, emotional distress, and other intangible losses. However, the Georgia Supreme Court ruled these caps unconstitutional in 2010, allowing victims to pursue full compensation based on the specifics of their case.

This change is significant for victims of medical malpractice in Atlanta, GA, as it means there is no upper limit on the amount they can seek for non-economic damages. Economic damages, such as medical expenses and lost wages, are also fully compensable without a cap. It’s important to work with an experienced attorney who can help you understand the potential value of your case and ensure that you pursue the maximum compensation available under the law.

Medical Malpractice Laws in Atlanta, GA

In Atlanta, GA, medical malpractice cases are governed by specific laws that outline the requirements for filing a claim. One critical aspect is the statute of limitations, which sets a deadline for when a lawsuit must be filed. In Georgia, this is generally two years from the date of the injury, although there are some exceptions.

Additionally, Georgia law requires plaintiffs to provide an affidavit of merit when filing a medical malpractice lawsuit. This affidavit must be signed by a qualified medical expert who can attest that the healthcare provider’s actions fell below the accepted standard of care. These legal requirements make it essential to work with an experienced attorney who can navigate the complexities of medical malpractice law.

Understanding these laws and how they apply to your specific case is crucial for successfully pursuing a claim. An attorney can help ensure that all legal requirements are met and that your case is filed within the appropriate time frame.

Types of Medical Malpractice Claims You Can Pursue in Atlanta, GA

Victims of medical malpractice in Atlanta, GA, can pursue various types of claims depending on the nature of the negligence and the harm caused. Some common types of claims include:

Misdiagnosis or Delayed Diagnosis: Claims based on the incorrect or delayed diagnosis of a medical condition.
Surgical Errors: Claims involving mistakes made during surgery, such as wrong-site surgery or anesthesia errors.
Medication Errors: Claims related to the incorrect prescription or administration of medication.
Birth Injuries: Claims involving injuries to a child or mother due to negligence during pregnancy, labor, or delivery.
Failure to Treat: Claims based on a provider’s failure to provide appropriate treatment for a diagnosed condition.
Improper Aftercare: Claims involving the failure to provide necessary care and monitoring after a medical procedure.
Negligent Health Management: Claims related to inadequate follow-up care or monitoring of a patient’s condition.

Each type of claim requires specific evidence to prove that the healthcare provider’s negligence directly caused the injury. An experienced attorney can help gather this evidence, consult with medical experts, and build a strong case on your behalf.

How a Lawyer Can Assist with Medical Malpractice Cases

Navigating a medical malpractice case can be overwhelming, but a skilled attorney can provide invaluable assistance throughout the process. A lawyer specializing in medical malpractice will begin by thoroughly investigating your case, gathering evidence, and consulting with medical experts to build a strong foundation for your claim.

One of the key roles of an attorney is to negotiate with insurance companies on your behalf. Insurers often try to minimize payouts or deny claims altogether, but a lawyer can advocate for your rights and pursue the full compensation you deserve. If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and present it before a judge and jury.

A lawyer can also assist with:

Understanding legal deadlines: Ensuring your claim is filed within the statute of limitations.
Preparing legal documents: Handling the complex paperwork required for filing a lawsuit.
Representing you in court: Providing skilled representation during all court proceedings.

By working with an attorney, you increase your chances of securing the compensation you need to cover medical expenses, lost wages, and other damages resulting from medical malpractice.

Types of Cases Cambre & Associates Handles

At Cambre & Associates, we specialize in a broad range of medical malpractice cases. Our team is equipped to handle various types of claims where medical negligence has resulted in harm. Here are some of the cases we manage:

Contact Us for Legal Help with Medical Malpractice in Atlanta, GA

If you or a loved one has been a victim of medical malpractice in Atlanta, GA, it’s essential to take action quickly. Our team of experienced personal injury attorneys at Cambre & Associates is here to help you navigate this challenging process and fight for the justice you deserve. Contact us today at (770) 502-6116 to schedule a consultation and learn more about how we can assist you in pursuing a medical malpractice claim.

What is Medical Malpractice or Medical Negligence?