Medical Malpractice Lawyers in Marietta, GA
Marietta Medical Malpractice
1350 Church Street Extension, Suite 300
Marietta, GA 30060
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Marietta Medical Malpractice
Hospitals are intended to be the safest places for injured or ill people. In Marietta, Wellstar Kennestone Hospital, Blue Tower, and other medical facilities offer patients a wide range of services. Patients in medical contexts should be able to trust that their doctors will provide a high level of reliable care.
However, physicians and surgeons make careless and reckless mistakes more than most people would like to admit. If you have suffered an injury because of a medical professional’s negligence, it can change your entire life.
Fortunately, medical injury victims often have the right to hold negligent doctors legally accountable for the damage that they have caused. Following an instance of medical malpractice in Marietta, reach out to the knowledgeable specialists at Morgan & Morgan.
For over 30 years, our litigators have held negligent physicians, surgeons, and nurses accountable for their actions. While previous cases cannot guarantee future results, our lawyers have successfully recovered thousands for prior medical negligence victims.
Skyrocketing medical expenses, lost wages, and other costs cause enormous stress to victims of malpractice. To discuss the possibility of filing a claim for medical malpractice in Marietta, contact the firm of Morgan & Morgan as soon as possible.
Our legal team will gladly provide you with a no-obligation case evaluation for free. Complete the contact form to schedule your no-cost consultation today.
Laws Regarding Medical Malpractice in Marietta, GA
Filing a legal claim following an instance of medical malpractice is very complex. In the state of Georgia, these cases involve many legal and medical factors.
One of the most important elements of a medical malpractice lawsuit is the statute of limitations. This is a legally mandated time limit by which victims must file their claim.
If your suit has not been filed with Georgia’s civil court system before the statute of limitations has expired, your case will likely be dismissed. Under Georgia state law, medical malpractice suits must be filed within two years of the initial incident.
Speak with one of the medical malpractice attorneys at Morgan & Morgan to file a claim within the legal time limit. In some instances, there are exceptions to this two-year limit. For example, in cases where a “foreign object” was left inside a person’s body, a suit must be filed within one year of the relevant incident.
Affidavit of Expert
Under Georgia state law, plaintiffs in medical malpractice cases must file an initial complaint with the civil court. This complaint includes relevant details and allegations related to the case.
In addition to this document, plaintiffs must also file an affidavit drafted by a medical expert. The relevant expert must affirm the allegation that a negligent action was committed by the doctor, surgeon, or nurse in question.
Failing to supply this document will likely result in the dismissal of the lawsuit. In certain circumstances, the affidavit requirement can extend the statute of limitations by 45 days.
When you contact Morgan & Morgan, a skilled legal professional will explain the relevant statutes relating to medical malpractice in Marietta.
Common Examples of Medical Malpractice in Marietta, GA
Medical malpractice and medical negligence can take many different forms. Patients rely on medical care providers for many services, and doctors have a duty of care to their patients.
The accomplished tort attorneys at the firm of Morgan & Morgan have plenty of experience with all types of medical negligence cases. Some of the most common examples of medical malpractice in Marietta, GA, include:
One of the typical types of medical negligence involves the diagnosis of medical conditions. When a physician fails to accurately identify a patient’s medical condition, the patient is the victim of a misdiagnosis.
A misdiagnosis can also occur when a doctor fails to offer any assessment of the patient’s condition. This is known as a “failure to diagnose.”
An incorrect diagnosis of any kind can result in a medical malpractice claim if it results in harm to the patient. For example, suppose that a physician misdiagnoses a patient’s cancer. If this causes the patient to miss out on important treatment options, it may qualify as medical negligence.
Similarly, if a patient undergoes needless treatments because of a misdiagnosis, they may have the right to pursue a claim.
Not every instance of a misdiagnosis can form the basis for a valid malpractice lawsuit. To recover compensation, the plaintiff must show that the incorrect diagnosis resulted in actual harm. Also, the claimant needs to prove that another doctor of a similar level of expertise would likely have provided a correct diagnosis.
Failure to Treat
Even if a physician provides an accurate diagnosis, they may fail to offer appropriate treatment. When a physician does not provide the patient with adequate or proper medical treatment, it may qualify as negligence.
For instance, this type of situation might arise when a physician is overloaded with too many patients. If a medical care provider is not diligent enough in pursuing accurate treatments, patients may be at risk.
Discharging a patient too early can also qualify as “failure to treat.” Finally, reviewing a patient’s condition and failing to provide them with an appropriate specialist referral may be grounds for a medical negligence case.
Surgeries are often highly complex procedures. Because of this, some accidents and mistakes are unavoidable. Even when surgeons are providing adequate care, patients can suffer harm.
However, some surgical errors are the result of carelessness or recklessness. In these instances, victims have the right to file a medical malpractice lawsuit to recover compensation.
Typical examples of surgical malpractice include:
- Performing surgery on the wrong patient
- Performing surgery on the wrong bodily site
- Performing the wrong procedure
- Causing nerve, organ, or tissue damage
- Performing unnecessary surgical procedures
- Using unsanitary surgical instruments
- Failing to offer sufficient follow-up care
- Using inappropriate amounts of anesthesia
- Leaving objects inside the body of a patient
This type of malpractice can result in a decreased quality of life for the victim. Permanent injuries can result from many types of surgical errors.
No matter the circumstances of your surgical injury, it is vital to review the facts of your case with an attorney. The lawyers at Morgan & Morgan know how to handle claims of medical malpractice in Marietta.
Childbirth is one of the most important events that anyone can experience. When a negligent medical staff causes birthing injuries, this cherished event can become life-threatening.
No expectant parent expects to deal with the aftermath of a birth injury resulting from medical negligence. In extreme instances, this type of negligence may lead to the death of the infant or the mother.
The following are examples of malpractice surrounding the process of birth:
- Subpar prenatal care
- Failure to diagnose relevant issues or conditions
- Improper use of assistive medical devices
- Unnecessary C-section
- Failure to perform a necessary C-section
- Inadequate monitoring of the infant or mother
- Errors involving anesthesia
Because infants are so vulnerable throughout this process, birth injuries can result in lifelong medical conditions for babies. Oftentimes, the need for long-term care can cause millions in damages for families.
If you or your child sustained a birth injury as the result of medical malpractice, do not wait. The skilled legal team at Morgan & Morgan in Marietta, GA, has plenty of experience with medical malpractice claims.
Faulty or Defective Medical Devices
Some instances of medical injuries are the result of faulty medical devices. If a device is defective, the patient may sustain catastrophic and lasting injuries.
For example, if a defective medical device fails to provide the benefits that are intended, a patient’s condition may worsen. When this happens, patients may be able to file a product liability suit against the device’s designer or manufacturer.
If you suspect that your injury was caused by a faulty medical device, reach out to a tort attorney. A knowledgeable legal professional will review your case to determine which parties in the chain of distribution can be held financially liable for your damages.
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What Types of Financial Recovery Can I Pursue in a Medical Malpractice Claim?
“Damages” is the term for legally-required monetary payments to injury and accident victims. Most medical negligence cases involve both “special” and “general” damages.
Both these categories of payments are intended to compensate for the losses that the victim has experienced. “Special” damages make up for direct financial expenses, while “general” damages compensate for the intangible loss from an injury.
Examples of special damages include:
- Additional medical costs caused by the malpractice
- Expected future medical expenses
- Losses associated with missed work
Examples of general damages are:
- Pain and suffering
- Mental distress—including depression, anxiety, and stress
- Post-traumatic stress disorder (PTSD)
- Decreased enjoyment of life
- Decreases in future earning capacity
It is very difficult to accurately assess the value of general damages in a medical negligence case. That is why you should reach out to one of the skilled legal specialists at Morgan & Morgan.
Our Marietta medical negligence attorneys have the experience needed to accurately determine the value of your case. You should never accept a lowball or inadequate settlement. When you hire our firm, we will fight for maximum compensation for your medical malpractice claim.
Is There a Cap on Medical Malpractice Damages in Georgia?
Georgia litigators have put a “cap” in place with regard to certain types of malpractice damages. These laws function to limit the amount of damages that victims can receive, regardless of what a jury rules in these cases.
The cap under Georgia state law applies only to general damages. In Marietta, medical negligence victims can only receive up to $350,000 in general damages payments per claim. If more than one medical facility is at fault, victims may see as much as $700,000.
This cap on damages has faced many legal challenges since 2010. To determine the value of your tort claim, review the facts of your situation with one of the legal experts at Morgan & Morgan.
Let Morgan & Morgan Fight for You
When you need premier legal services in the city of Marietta, GA, look no further than Morgan & Morgan. As America’s biggest tort firm, we know how to successfully represent medical malpractice victims.
To arrange a no-obligation legal consultation for free, fill out the simple contact form online. Let Morgan & Morgan recover the money that is rightfully yours.