MARIETTA MEDICAL MALPRACTICE ATTORNEY

Medical malpractice may occur in any setting where a patient receives care from a licensed healthcare provider. This can include hospitals, emergency rooms, doctors’ offices, therapy or rehabilitation centers, ambulatory surgery centers, dialysis clinics, skilled nursing facilities, and even a patient’s home when home healthcare services are provided.

Medical malpractice claims may involve care provided by physicians, nurses, advanced practice registered nurses, physician assistants, radiology technicians, therapists, mental health counselors, and other licensed healthcare professionals. To have a valid medical malpractice claim in Marietta, Georgia, you generally must establish four things:

Duty of Care

The duty of care for a healthcare provider is established when they undertake care of a patient. The duty is to act as a reasonably careful healthcare provider would under similar circumstances. This is referred to as the Standard of Care.

Breach of Duty

A breach of the standard of care may occur when a healthcare provider fails to act as a reasonably careful provider would under similar circumstances. This can involve taking an action that should not have been taken or failing to take an appropriate action.

Causation

You must show that the breach of the standard of care caused the injury, loss, or death. This is often one of the most difficult elements to establish because the exact cause of the harm may not always be clear.

Damages

Damages refer to the harm, injuries, and losses caused by medical malpractice. They may include economic damages, such as lost wages, reduced future earning capacity, past and future medical expenses, and loss of a spouse’s services. They may also include non-economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of a loved one’s companionship and protection.

Speaking with a medical malpractice attorney can help you determine whether your case meets these requirements and how Georgia law may apply to your situation in Marietta.

Medical malpractice is a serious matter. If you believe a healthcare provider’s mistake caused you harm, your priority should be your health and safety. Seek medical attention from another provider as soon as possible to get a second opinion or additional treatment. Be sure to explain your concerns and share what happened so your new provider understands your medical history and current condition.

You should also start collecting records related to your medical care, such as hospital records, doctors’ notes, prescriptions, test results, discharge paperwork, and imaging reports. Obtaining a complete set of medical records can take time, sometimes up to 30 days, so it may help to request them as soon as possible. You should also keep track of important dates, symptoms, and conversations and use photos or videos to document any visible injuries.

After your immediate medical needs have been addressed, you may want to speak with a medical malpractice attorney about your legal options. These cases can be complicated and often require substantial medical evidence, expert testimony, and a careful review of the care you received.

Morgan & Morgan offers free case evaluations for individuals who believe they may have been harmed by medical negligence. With more than 1,100 attorneys nationwide and decades of experience handling complex injury cases, our team can review your situation and help you understand whether you may have a valid claim in Marietta, Georgia.

To prove medical malpractice, a patient must present evidence that shows that the healthcare providers were negligent in their care and treatment and that such negligence resulted in injury, loss, or death.

Medical records are the cornerstone of any medical malpractice case. They provide a detailed account of the patient’s medical history, treatments, medications, and the care received from healthcare professionals.

These records are used to establish the standard of care provided and identify any deviations. They can highlight discrepancies, such as improper dosages, missed diagnoses, or incorrect procedures.

Expert witnesses, often qualified physicians or other healthcare professionals, can play an important role in medical malpractice cases by offering an objective opinion on whether the provider breached the applicable standard of care.

Expert witnesses can help the court understand complex medical issues by comparing the care provided with what a competent healthcare professional would have done under similar circumstances. They may also offer an opinion on whether the defendant’s actions or failures directly caused the patient’s harm.

To establish medical malpractice in Marietta, Georgia, you must generally show that a doctor-patient relationship existed, creating a duty of care between you and the healthcare provider.

You must also prove causation by showing that the provider’s negligence directly led to your injuries. This often requires connecting the breach of the standard of care to the harm you suffered. Expert witnesses may help explain this connection and demonstrate how the provider’s actions or failures caused the resulting damages.

You may be able to sue a hospital for medical malpractice if the hospital’s negligence contributed to your injuries. Examples may include inadequate staffing, failure to properly screen or supervise healthcare professionals, or unsafe or defective equipment. However, if the responsible provider was an independent contractor rather than a hospital employee, liability may instead rest with the individual provider.

You may still be able to pursue a medical malpractice claim even if the injury was not permanent, provided you can show that the provider’s negligence caused you harm. Compensation may be available for medical expenses, additional treatment, pain and suffering, and other losses resulting from the malpractice.

Medical care should not cause unnecessary suffering or added expenses because of a preventable error. If you were harmed by medical malpractice, contact Morgan & Morgan today to learn more about your legal options.

Medical malpractice lawsuits are subject to legal filing deadlines known as statutes of limitations.

These deadlines vary by state and may depend on factors such as when the malpractice occurred, when the injury was discovered, and the parties involved. Some states also have statutes of repose, which may impose a final deadline for filing a lawsuit regardless of when the injury was discovered.

Because filing deadlines vary and exceptions may apply, it is important to speak with an attorney promptly if you believe medical malpractice occurred. Delaying could limit your ability to pursue compensation.

The length of a medical malpractice lawsuit can vary significantly based on factors such as the complexity of the case, the extent of the injuries, and whether the parties are willing to reach a settlement. 

Unlike many other types of law, medical malpractice cases nearly always require litigation. While most cases settle without the need for trial, at Morgan & Morgan, we approach every case as if it will require trial to resolve, as there is no way to predict which ones will require trial. While the complexity of some cases often requires years of litigation, our goal is always to apply maximum effort and resources toward resolving your case and maximizing your recovery, and we try to do that as expeditiously as possible.

An out-of-court settlement allows the parties to resolve a medical malpractice claim without proceeding to trial. The process may include:

• Demand letter: Your attorney sends the responsible party or its insurer a letter explaining your claim, the harm you suffered, and the compensation being sought.
• Negotiations: The parties exchange information and negotiate the terms of a potential settlement. Mediation or another form of dispute resolution may also be used.
• Settlement agreement: If an agreement is reached, the parties sign a legally binding settlement document, compensation is paid according to its terms, and the case is resolved without a trial.

Settling outside of court can sometimes be faster and less stressful than litigation. It also gives the parties more control over the outcome rather than leaving the decision to a judge or jury.

Morgan & Morgan’s medical malpractice attorneys in Marietta, Georgia, are prepared to take a case to trial when necessary. We will not recommend accepting a settlement that fails to provide the full and fair compensation you deserve.

A medical malpractice trial is a formal legal proceeding in which a judge or jury examines the evidence to determine whether a healthcare provider’s negligence caused harm to a patient. Medical malpractice trials can be lengthy, sometimes up to four weeks, and can also be very costly. That is why we will always make every effort to resolve your case without the need for trial, while always being prepared to take your case to trial if it comes to that.

Jury Selection

When a trial involves a jury, the process begins with jury selection, also known as voir dire. Attorneys for both sides question prospective jurors to identify any biases or conflicts of interest that could affect their ability to remain impartial.

The purpose is to select a fair and unbiased jury that can objectively consider the evidence presented at trial.

Opening Statements

The plaintiff’s attorney presents the case overview, explaining the alleged medical negligence and how it caused harm to the patient. This sets the stage for the evidence that will be presented.

The defense attorney responds with their perspective, outlining why they believe the healthcare provider was not negligent or that the negligence did not cause harm.

Presentation of Evidence and Witness Testimony

The plaintiff’s side presents evidence, including medical records, expert testimony, and witness statements. Expert witnesses, usually medical professionals, play a critical role by explaining how the standard of care was breached and how this breach led to the injury. The defense will cross-examine the plaintiff’s witnesses to challenge their credibility, the validity of their testimony, or the conclusions drawn.

The defense then presents its evidence, which may include expert witnesses who argue that the standard of care was met or that other factors caused the injury. The plaintiff’s attorney will cross-examine the defense witnesses to highlight inconsistencies or weaknesses in their arguments.

Rebuttal

The plaintiff may introduce rebuttal evidence to challenge the defense’s arguments. This stage gives the plaintiff an opportunity to respond to specific issues raised through the defense’s evidence or testimony.

Closing Arguments

The plaintiff’s attorney summarizes the case, emphasizing the key evidence and testimony that support the claim of negligence. The defense attorney responds, highlighting the lack of evidence or alternative explanations for the injury.

Each side uses this opportunity to persuade the jury or judge of their position and clarify the most compelling aspects of their case.

Jury Deliberation

The jury deliberates in private, discussing the evidence and arguments presented. They must reach a unanimous decision in most cases, although some jurisdictions allow a majority verdict.

Verdict

The jury then delivers its verdict, determining whether the healthcare provider was negligent and, if so, how much compensation should be awarded to the plaintiff.

The verdict may favor the plaintiff and award damages, or it may favor the defense and find that the healthcare provider is not liable.

Post-Trial Motions and Appeals

Either party can file motions after the verdict, such as a motion for a new trial or a motion to alter the judgment if they believe there were errors during the trial.

If the losing party believes that legal errors affected the outcome, they may file an appeal. An appellate court will review the trial proceedings for fairness, but does not re-examine the facts.

An expert witness plays a crucial role in medical malpractice cases, serving as a key component in establishing whether a healthcare provider acted negligently. Their expertise helps clarify complex medical issues for the judge, jury, and attorneys, making their testimony often pivotal to the outcome of the case.

They can help to establish the standard of care, prove negligence, explain medical concepts, interpret evidence, provide objective opinions, testify in court, rebut defense claims, and even assist in settlement negotiations.

Medical malpractice claims can be complex, and defendants, often doctors, hospitals, or other healthcare providers, may raise several defenses to challenge allegations of negligence. Common defenses include:

• The standard of care was met: The provider may argue that the care provided was reasonable and consistent with accepted medical standards.
• The negligence did not cause the injury: The defense may claim that the patient’s condition or injury resulted from another cause rather than the provider’s actions.
• The patient contributed to the harm: The defendant may argue that the patient’s conduct played a role in the outcome, potentially reducing the compensation available. Examples may include failing to provide an accurate medical history, missing follow-up appointments, not taking medication as directed, or delaying treatment after symptoms appeared.
• The patient gave informed consent: The provider may contend that the patient was advised of the known risks and chose to proceed with the treatment.
• The filing deadline expired: The defense may argue that the lawsuit was not filed within the applicable statute of limitations.

Understanding these defenses can help patients and their attorneys prepare evidence and develop strategies to respond. An experienced medical malpractice attorney can evaluate the arguments raised by the defense and help protect your right to pursue compensation.

If you file a medical malpractice claim, the compensation you may receive typically falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

These cover the quantifiable financial losses you’ve incurred as a result of the medical malpractice. They include:

• Past medical expenses: Reimbursement for past and current medical bills related to the malpractice, such as surgeries, hospital stays, medications, physical therapy, and assistive devices.
• Future medical expenses: The cost of future medical care, surgeries, treatment, therapy, nursing care, aide and attendant care, and any other care or treatment which will most likely be necessary in the future.
• Lost wages: Compensation for income lost due to missed work while recovering.
• Loss of earning capacity: If the malpractice affects your ability to work in the future, you can receive compensation for reduced earning potential.
• Wrongful death damages: In the event that the malpractice results in the death of a patient, a surviving spouse and surviving children may be entitled to compensation for loss of monetary support and loss of household services that the deceased victim provided.

Non-Economic Damages 

Non-economic damages compensate for losses that do not have a specific monetary value but can significantly affect your quality of life. These may include:

• Pain and suffering: Physical pain and emotional distress caused by the malpractice.
• Mental anguish: Psychological or emotional suffering resulting from the malpractice.
• Loss of enjoyment of life: The inability to participate in hobbies, activities, or other parts of life you previously enjoyed.
• Inconvenience: Disruptions to daily life, such as traveling to medical appointments, attending therapy, or making significant lifestyle changes.
• Disfigurement or disability: Permanent physical limitations, impairments, or visible scarring caused by the malpractice.

Punitive Damages

Punitive damages are less common and are awarded to punish the healthcare provider for particularly reckless or egregious conduct. These damages are designed to deter similar behavior in the future.

State-Specific Caps

Some states place limits on non-economic damages in medical malpractice cases. These caps may restrict the amount a patient can recover for losses such as pain and suffering, regardless of how severe the harm may be.

Factors Influencing Compensation

The amount you may receive will depend on several factors, including:

• The extent and permanence of your injuries.
• The cost of future medical care and treatment.
• The degree of negligence demonstrated by the healthcare provider.
• The specific laws in your state regarding medical malpractice claims.

Some states place limits on certain types of damages in medical malpractice cases, particularly non-economic damages such as pain and suffering. These caps vary widely by state, and some states have ruled them unconstitutional.

In many cases, economic damages such as medical expenses, lost wages, and future care costs are not subject to the same limitations. The amount a person may recover can depend on the severity of their injuries, the long-term impact of the malpractice, and the laws that apply to their case.

A medical malpractice attorney in Marietta can help you understand how these laws may apply to your situation and what types of compensation may be available.

If a doctor loses a medical malpractice case, they are typically not required to pay the damages personally. Settlements and verdicts are generally paid by the provider’s medical malpractice insurer or by a self-insured hospital. Following a verdict, a physician who is found liable for medical malpractice may also receive discipline on their license from their state regulatory board of medicine. This rarely results in a physician’s license being suspended or revoked, as those actions are typically reserved for repeat offenders, egregious mistakes, or intentional conduct.

Medical malpractice involves negligence by a healthcare provider, while other personal injury claims may arise from incidents such as car accidents or slip and falls. Medical malpractice cases generally require showing that the provider failed to meet the applicable standard of care, which can make these claims more complex and often requires testimony from qualified medical experts.

Morgan & Morgan offers free medical malpractice case evaluations to help you better understand your situation and whether your claim may qualify as medical malpractice.

Morgan & Morgan charges no upfront fees for medical malpractice cases.

That means the Fee Is Free™; you only pay if we recover compensation for you through a settlement or verdict. If your case is unsuccessful, you do not owe attorney’s fees.

We handle medical malpractice cases on a contingency fee basis because we believe everyone deserves access to experienced legal representation, regardless of their financial situation.

If you believe medical negligence caused you harm, Morgan & Morgan offers free case evaluations to help you better understand your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our medical malpractice lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,100 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex medical malpractice cases.

Your case may be handled by a dedicated team of attorneys, paralegals, case managers, and other legal professionals working together to advance your claim. You may also have a primary point of contact available to answer your questions and provide updates throughout the legal process.

Yes, you can switch lawyers at any point in your medical malpractice case if you’re unhappy with your current representation. However, consider any financial implications, such as outstanding legal fees, and ensure your new attorney can handle your case effectively.

Morgan & Morgan offers free case evaluations to discuss the possibility of switching to one of our hospital negligence attorneys. You can call us anytime for free and without obligation.

Medical malpractice cases are often complex, requiring extensive evidence, expert testimony, and significant legal resources. Morgan & Morgan has more than 1,100 attorneys nationwide and has recovered over $35 for clients.

Many of our medical malpractice attorneys began their careers defending physicians, nurses, hospitals, and liability insurance carriers before choosing to advocate for injured patients and their families. This experience gives our team valuable insight into how healthcare providers and insurers may approach these claims.

Morgan & Morgan’s attorneys are committed to pursuing accountability when preventable medical errors cause harm. We work with respected medical experts to evaluate claims and help families understand their legal options. Fill out a free case evaluation to learn more about your legal options.