Medical Malpractice Lawyers In Atlanta, GA
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The Graham Firm offers some of the best medical malpractice lawyers in Atlanta to individuals and families who have suffered injury or death at the hands of health care providers. When health care providers cause harm, victims and their families may be entitled to compensation.
When you visit a doctor, hospital, or medical facility, you have the right to be treated with respect, competence, and professionalism. A medical malpractice or medical negligence claim generally has four elements, referred to as “the four D’s”:
- DUTY: The medical professional must have had a duty of care, usually established by a doctor-patient relationship. A doctor who happens to be in a big box store you are shopping at does not have a doctor-patient relationship with you, and therefore does not have a duty to provide care. Similarly, if a doctor pulls over to help you after a truck accident, they are a Good Samaritan and not liable for anything they fail to do to save you.
- DEVIATION (from the standard of care): As the injured plaintiff, you must show that the standard of care was deviated from. This usually involves expert witness testimony from a licensed healthcare professional.
- DIRECT CAUSE: As the injured plaintiff, you must also show that the deviation of care directly caused your injuries.
- DAMAGES: You must have suffered damages related to negligence or malpractice. This may include needing additional medical treatment or surgeries, and experiencing lost wages from being unable to work, or a parent or spouse being unable to work in order to care for someone. Victims and their families may be entitled to damages for future care that will be needed, as well as non-economic pain and suffering damages.
Medical malpractice lawsuits are complex and almost always aggressively defended. You must meet strict filing deadlines and provide expert witness testimony to establish that the medical provider either lacked knowledge and skill or acted negligently. If you have a case, the skilled and experienced Atlanta medical malpractice lawyers at the Graham Firm can help you prove your medical malpractice claim and recover the maximum compensation available.
What Is Medical Malpractice?
Medical malpractice occurs when a hospital, healthcare professional, or medical professional's negligence causes injury or death to a patient.
When we read about medical malpractice cases in the news, it’s often either because the victim was someone notable (or related to someone notable), or the act was especially egregious. Medical Malpractice wrongful death suits followed the deaths of Joan Rivers, Bill Paxton, John Ritter, Michael Jackson, Andy Warhol, and Elvis Presley. Medical practice lawsuits have been filed by Dennis Quaid, Hulk Hogan, Julie Andrews, and Dana Carvey.
The most notable and newsworthy cases make news when liability is obvious and indisputable: a heart surgery is performed on the wrong patient, a hole is drilled on the wrong side of the head, surgical tools are left inside a patient. Those cases do not even need the usual expert witness testimony to prove there was a deviation from the standard of care. More often, medical malpractice cases don’t make the news, and patients are left to deal with consequences for months, years, or a lifetime. In real life, medical malpractice happens all the time.
Although medical malpractice often refers to doctors, any health care provider can commit negligence or malpractice. In addition to doctors, claims may be brought against:
- Nurse practitioners
- Specialists (like Podiatrists and Oncologists)
If you or someone close to you has been injured by a medical professional, do not delay in speaking to a qualified Atlanta medical malpractice attorney.
What Are Some Examples Of Medical Malpractice?
Medical malpractice and medical negligence can take many forms and could include:
- Birth injuries
- Surgical errors
- Anesthesia administration errors
- Object left behind (after surgery)
- Incorrect prescription or dosage
- Incorrect diagnosis of cancer
- Failure to diagnose cancer
- Wrong-site surgery
- Failure to monitor
- Wrong diagnosis.
Malpractice or negligence can also occur in dental cases, such as:
- Extraction of the wrong teeth
- Improper administration of anesthesia
- Improper use of dental instruments
- Failure to treat impacted teeth.
What Is The Statute Of Limitations On Medical Malpractice?
Every state has a Statute of Limitations, or time limit, for filing lawsuits. Medical malpractice cases can be unique because it isn’t always evident that malpractice occurred. For example, a baby that suffers an injury at birth may not show symptoms until development is significantly delayed. The Statute of Limitations in Georgia is two years, per section 9-3-71 of the Official Code of Georgia Annotated. If harm occurs and is not immediately discovered, you must file within five years. The five-year window is called a “statute of ultimate repose and abrogation.”
Exceptions occur for mentally disabled plaintiffs, malpractice occurring before the plaintiff was five years old, or when the malpractice was fraudulently concealed.
How To Find The Best Medical Malpractice Lawyers in Atlanta
The internet is full of listings and rankings for top medical malpractice lawyers in Atlanta. Following a medical malpractice event, choosing the right attorney to represent you and your family may be one of the most important decisions you make in your life. Look for an attorney with a proven track record of success in medical malpractice and personal injury cases.
The Graham Firm attorneys handle medical malpractice cases in Atlanta, as well as in Marietta, and Griffin, and throughout the entire state of Georgia. Contact us today for a complimentary case evaluation at 404-526-9955.
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