The job of any medical professional is to help their patients recover from illnesses or injuries by providing them with proper care. Unfortunately, mistakes sometimes happen. In the medical field, these mistakes often have serious repercussions, causing significant harm to patients. Errors such as prescribing the incorrect drug, diagnosing an issue inaccurately, not starting treatment soon enough, or failing to properly care for patients can result in serious health problems. In some cases, patients may even die as a result of these mistakes.
Patients who are subjected to medical malpractice often find themselves facing unexpected expenses ranging from medical fees to lost income. Severe emotional damage can occur after these incidents, leaving both the patient and members of their family mentally distraught. Here at the Shrable Law Firm, a Georgia Medical malpractice attorney can help people who were injured as a result of medical malpractice recover money for their damages. Some of the damages that can be claimed in cases like these include medical expenses, a loss of income, and pain and suffering. Schedule a free appointment with a personal injury lawyer today to discuss your situation.
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A Closer Look At Medical Malpractice Cases
Cases that fall under the umbrella of medical malpractice occur when a medical professional in Georgia fails to provide the accepted standard of care to their patients.
In cases like these, attorneys have to prove that the doctor, nurse, or hospital behaved negligently. They also have to show that the patient suffered injuries or death as a result of these negligent actions. The lawyers at the Shrable Law Firm have handled many medical malpractice cases in the past, all of which involve slightly different circumstances. Some of the most common issues include:
- Incorrect usage of anesthesia
- Not ensuring that the patient had adequate oxygen levels while performing a medical procedure
- X-ray technicians behaving negligently
- Not treating or diagnosing a medical issue quickly enough
- Causing injuries to the mother or child during childbirth
- Prescribing or administering the wrong drugs
- Using experimental drugs or procedures that led to injuries
- Causing contamination during surgery that leads to an infection
- Making mistakes when conducting or interpreting laboratory tests or bloodwork
- Not getting permission from the patient before transferring them to another medical center
- Careless behavior by emergency responders
- Overlooking a cancer diagnosis
- Using faulty medical products or devices
What Are Some Examples Of Medical Malpractice?
The list that follows highlights some of the most frequent situations that are classified as medical malpractice:
- Making mistakes during medical procedures such as surgery
- Incorrectly administering medication or prescribing the wrong drug or dosage
- Providing the wrong treatment or performing the wrong procedure
- Leaving foreign objects inside of the patient’s body after surgery
- Making an incorrect diagnosis when dealing with a serious medical condition
- Overlooking a health problem that should have been obvious rather than properly diagnosing it
When medical malpractice occurs, it is important to take quick legal action. Putting together a solid case is a complex process. Documents such as medical records and hospital bills need to be carefully reviewed by medical experts as well as by the patient’s attorneys. Reviews like these can be quite time-consuming, which is why acting quickly is essential.
Common Causes Of Medical Malpractice
- Working long hours without enough breaks or without getting enough sleep
- Misinterpreting test results
- Putting in an order for the incorrect test
- Not carefully reviewing the patient’s medical history
- Brushing off complaints from a patient rather than searching for the cause of the symptoms they are experiencing
- Performing medical procedures without the correct qualifications
- Issuing incorrect prescriptions
- Administering anesthesia incorrectly
How Do Attorneys Prove That Medical Malpractice Took Place?
When a lawyer takes on a medical malpractice case, they need to show that all of the items below are true to prove that medical malpractice took place.
- The doctor, nurse, hospital, or other medical provider was responsible for providing the patient with care. Doctors are required to meet a specific standard of care when treating patients.
- The medical provider failed to follow through on their obligation to adequately care for the patient.
- Their failure to properly care for the patient led to injuries.
- As a result of these injuries, the patient faced damages such as a loss of income, unforeseen medical expenses, or pain and suffering.
What Damages Can Be Claimed In Medical Malpractice Cases In Georgia?
Victims of medical malpractice who choose to file a lawsuit in the state of Georgia are eligible to claim a variety of different damages including costs related to their medical treatment and rehabilitation, hospital expenses, or money that they lost as a result of an inability to work. Other expenses such as purchasing medical equipment or paying for home healthcare may also be included. If the injuries will lead to other expenses in the future such as medical costs, those damages can also be claimed.
Figuring out the amount of money to claim for expenses in the future requires a detailed approach. With the help of medical and financial experts, our lawyers take into account the cost of any ongoing medical care. Depending on the length of the treatment, they may also take inflation into account to make sure that victims of mistakes like these are awarded all of the money that they are owed.
Noneconomic losses can also frequently be claimed in medical malpractice cases. Examples of losses like these include a loss of the capacity to enjoy life or pain and suffering.
What About Situations Where Medical Malpractice Leads To Death?
In cases where victims of medical malpractice wind up dying from their injuries, members of their family could be eligible to sue the medical provider. These cases fall under the wrongful death legal category. Only certain family members are allowed to file wrongful death claims in Georgia. These family members include:
- The victim’s spouse
- Children of the victim if no spouse is available
- The parents of the patient if they were not married and didn’t have any children
- When there are no family members, the executor of the estate can take action
The individuals included in this list may be able to claim damages for the pain and suffering that the victim experienced before their death. In many cases, they can also seek damages for the loss of companionship, loss of income or retirement benefits, and mental suffering they experienced when they lost their loved one.
Understanding The Statute Of Limitations In Georgia For Medical Malpractice Claims
After someone is injured as a result of a medical mistake, they usually have two years from the date the injury occurred to take legal action. Certain situations that involve minors are slightly different. For the most part, however, medical malpractice claims have to be filed within two years. If victims don’t act quickly enough, they may never be able to claim damages for their injuries, no matter how significant or life-altering those injuries are.
Schedule A Free Consultation With The Shrable Law Firm Today
In Georgia, the Shrable Law Firm takes on medical malpractice cases involving surgeons, pharmacists, nurses, doctors, hospitals, or other medical professionals. Anytime medical negligence leads to injuries, victims should consider seeking compensation for their damages. Our goal is to ensure that our clients are adequately compensated for their injuries, including obtaining money for expenses that they may encounter in the future.
No matter what time of the day or night it is, you can reach out to one of our legal professionals for assistance. If your injuries prevent you from meeting with us at our location, we will gladly come to you, whether that means visiting you at home or meeting with you at a medical facility. Give our personal injury firm a call right away at (229) 518-9209 to talk about your case.