When you go to the doctor, they take your life into their hands. In the unfortunate event that they fail to do what they promised, you may be able to make a medical malpractice claim and hold them accountable. Taking on a medical malpractice claim can be intimidating. From determining the initial medical malpractice incident to going over your compensation expectations–you need a medical malpractice attorney you can trust. Luckily, the law office of P. Kent Eichelzer III is here to help. Today we will be going over all the basics of why you need a medical malpractice attorney to guide you through your claim today.
What is Medical Malpractice?
Medical malpractice exists when a medical professional, hospital, or doctor causes harm to a patient through a negligent act or omission. The patient must suffer an injury due to the medical professional’s negligence, which can include but is not limited to errors in diagnosis, treatment, health management, or aftercare. The operational definition of negligence is dependent upon whether the patient would have received adequate and proper care elsewhere. Victims of medical malpractice may be entitled to compensation for damages such as medical expenses, lost wages, pain and suffering, and other related costs.
Medical malpractice lawsuits must be filed within a specific time period, or the courts will dismiss the case regardless of the negligence or result. In the state of Georgia, the statute of limitations for medical malpractice lawsuits is two years from the date of the injury. It is important to note that the injury on-set date and the incident date could possibly vary.
Can I File a Lawsuit Without a Medical Malpractice Attorney?
Hypothetically, you could file a medical lawsuit without a medical malpractice attorney, but these cases can be very complex and challenging. By hiring a seasoned medical malpractice attorney, you are giving yourself the best chance of winning a settlement. Here are a few reasons why you should hire one:
- Legal Expertise: Medical malpractice cases can be complex and challenging to navigate. A medical malpractice attorney has the legal expertise and experience to understand these cases, including medical terminology, standards of care, and relevant laws and regulations. They can effectively evaluate the merits of your case, gather evidence, and develop a strong legal strategy to pursue maximum compensation.
- Advocacy and Representation: A medical malpractice attorney is your advocate and representative throughout the legal process. They will handle all communications and negotiations with insurance companies, healthcare providers, and other parties involved in your case. An experienced attorney ensures your rights are protected and also you have someone fighting for your best interests.
- Maximized Compensation: Medical malpractice cases often involve significant damages. This includes medical expenses, lost wages, pain and suffering, and long-term care costs. A skilled attorney knows how to accurately assess the full extent of your damages and pursue maximum compensation on your behalf. Also, they can negotiate with insurance companies or litigate in court to ensure that you receive fair and just compensation for the harm you’ve suffered due to medical negligence.
Common Cases Seen by a Medical Malpractice Attorney:
Any significant failure by a medical provider to offer an acceptable level of care can be considered medical malpractice. Plus, it can stem from a variety of situations. Examples of medical negligence that can lead to a lawsuit can include:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong-site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms (abpla)
Medical Malpractice Claim Elements
To prove that medical malpractice ensued under the law, the claim must be representative of ALL the following:
It must be determined if…
- …a doctor-patient relationship existed. Determining the physician-patient relationship gives proof of the doctor’s responsibility to provide adequate and competent care. Generally, this element is not difficult to prove.
- …the doctor was negligent. It must be proven that the doctor was negligent in their practice and caused the patient harm. Also, the medical standard of care will be determined by comparing clinical practice guidelines among other healthcare professionals to the care in which you were provided. Usually, in court, it would be necessary for expert witnesses to testify and define the actions of a competent and reasonably skilled doctor would have done in the same situation.
- …the injury produced specific damages. Keep in mind disapprobation of the practice or treatment does not constitute medical malpractice. Types of harm a patient can sue for include physical pain, mental distress, lost wages, and lost earning capacity.
- …there is a link between a doctor’s negligence and a patient’s injury. This means it must be obstinate that the doctor’s negligence caused a specific injury and the injury is not a result of an underlying medical condition or another cause (NIH).
Who Can You File a Claim Against?
Depending on the circumstance of your injury–you could seek compensation against multiple parties, such as:
- Medical Professionals– such as doctors, dentists, surgeons, nurses, and other specific healthcare professionals.
- Healthcare Facilities– hospitals and healthcare facilities may be liable for the actions of their doctors and nurses if they fail to maintain adequate staffing levels, neglect staff training, or provide faulty medical equipment (forbes).
- Clinics or Care Facilities– may be liable under the legal doctrine of vicarious liability, making the employer or facility responsible for the actions of the staff member, regardless of whether or not the employee was negligent.
How to Get Compensation for Medical Malpractice?
No matter how you decide to pursue a claim against a medical provider, you’ll either have the option to sue or settle.
If you sue…you will go to court, and the court will determine if the defendant is liable. Then, you can see how much compensation the defendant must pay.
If you settle…you will be giving up your right to sue and receive a set payment offered by the healthcare worker’s malpractice insurance.
Generally, medical malpractice cases are settled outside of court, with the healthcare provider’s insurance carrier offering a settlement. A medical malpractice attorney can guide you through the process of getting the best settlement possible.
Medical Malpractice Attorney Negligence
Although it may be rare, attorney negligence can happen. Here are a few examples of legal negligence that may lead to a lawsuit:
- Conflict of interest with the case or client
- Error or omissions that may lead to a case dismissal
- Missing statute of limitations
- An obstruction of justice
- Breach of attorney and client confidentiality/privilege
- Improper legal advice or malfeasance
- Presenting false information or false evidence
Need a Medical Malpractice Attorney in Woodstock, Georgia? Contact Us Today!
The decision of who to hire to represent you in a medical malpractice case is one of the most important choices when entering the legal field. Let the personal injury lawyers at the Law Offices of P. Kent Eichelzer III help you today. We have over 20 years of experience and specialize in Accident & Personal injury law, as well as personal injury, auto accidents, truck accidents, insurance bad faith, medical malpractice, wrongful death, and more. We know the ins and outs of insurance companies, which gives our clients an advantage. Also, as your most trusted personal injury lawyer in the greater Atlanta area, our firm will provide you the peace of mind and comfort to guide you through any case.
If you are seeking an attorney for a medical malpractice lawsuit, we can help! From our experience, accident and personal injury cases need to be handled delicately. So don’t wait—let the professional Law Offices of P. Kent Eichelzer III help you or a loved one today. We have offices conveniently located in Woodstock, GA, and Marietta, GA. If you are interested, contact us today to set up a free consultation.