With the help of an experienced Atlanta attorney, injured patients may be able to recover an award for damages including costly medical bills, the loss of earning capacity, and pain and suffering.
Since Georgia medical malpractice cases are often subject to statutory complexities and require a knowledge of both medical and legal matters, these types of lawsuits are generally considered some of the most difficult to handle.
It is important that you hire an attorney with the necessary experience and resources to successfully litigate your claim. At Morgan & Morgan, our medical malpractice attorneys have decades of combined experience holding negligent medical professionals accountable and achieving successful settlements and verdicts for our clients.If you suspect your or a loved one was injured due to medical malpractice, fill out our free case review form today.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted “standard of care” in the medical field.
To prove that medical negligence or medical malpractice has been occurred, your attorney must demonstrate that the doctor, nurse or hospital was negligent and that this negligence caused an injury or resulted in death. The attorneys at Morgan & Morgan have handled lawsuits involving the following types of medical malpractice:
- Improper use of anesthesia
- Lack of oxygen during medical procedure
- X-ray technician negligence
- Delayed treatment or failure to diagnose a medical condition
- Injury sustained during child birth due to medical staff
- Wrong medication administered
- Experimental medicines or treatments that lead to injury
- Infections due to contaminated surgery
- Blood test and laboratory errors
- Transfers of patients to another hospital without consent
- Careless behavior by paramedics and emergency officials
- Failure to diagnose cancer
- Defective medical products and devices
Elements of an Atlanta Medical Negligence Suit
To successfully prove a case of medical malpractice and receive compensation for your injury, your attorney must be able to show that:
- The defendant, usually your doctor nurse or hospital, owed a duty or care to the injured person. Doctors have a duty to provide their patients with a certain level of care, so as to prevent arm.
- The defendant breached this duty of care.
- The patient was injured as a direct result of the breach.
- The patient suffered damages, such as medical bills, physical pain and suffering and lost wages, due to their injury.
Calculating Damages and Compensation
Through a Georgia medical malpractice lawsuit, an injured patient may seek compensation for damages including lost wages, past medical bills and hospital and rehabilitation bills, and out-of-pocket expenses such as home health care and mobility equipment. Further, injured patients may also be eligible for the cost of future medical bills related to the injury.
To establish future costs, our lawyers will work with medical and economic experts to demonstrate the type of care that will be required for living with the injury, as well as the costs of ongoing medical treatment. These costs represent a lifetime of care and are adjusted for inflation.
In addition, non-economic losses may also be awarded to a victim of medical malpractice. Our lawyers will work to establish the monetary value of less tangible damages, such as physical pain and suffering and loss of life’s enjoyment, and seek compensation for these as well.
Medical Malpractice and Wrongful Death
When a patient dies as a result of medical malpractice, surviving family members may have the ability to file a claim or lawsuit on behalf of the victim. This is considered a wrongful death action. In Georgia, under certain circumstances, the following family members may be able to file a wrongful death action:
- Children (if there is no spouse)
- Parents (if there is no spouse or children)
- Executor of the estate (if there is no spouse, children or parent)
These survivors may be able to pursue compensation for pain and suffering experienced by the deceased prior to their death, loss of future wages, loss of companionship, mental anguish and loss of retirement benefits.
To find out how we may be able to help with your medical malpractice claim, fill out our free case review form.