Filing A Medical Malpractice Claim In Georgia
Are you suffering because of a misdiagnosis or as the result of medication mistakes? Our Atlanta medical malpractice lawyers at Hilley & Frieder, P.C., have over 35 years of experience helping clients throughout Georgia. If you believe that you have a medical malpractice claim due to a doctor’s medical mistake or medical negligence, our lawyers have extensive experience with medical malpractice litigation.
What Is Medical Malpractice?
Medical malpractice is a type of tort – or wrongdoing – that can result in a lawsuit being brought against the negligent medical provider or hospital in Georgia. In a medical malpractice case, negligence is the failure of a health care practitioner to adhere to the proper standards of patient care, resulting in a patient injury or death. Medical malpractice can take many forms, as there are almost endless ways in which a physician can fall short of the medical industry’s standards of care. The most common examples include:
- Misdiagnosis of an illness
- Failure to diagnose an illness or injury
- Delayed diagnosis of an illness or injury
- Medication mistakes and dosage errors
- Surgical errors
- Anesthesia errors
- Failure to inform a patient about critical and necessary information
- Failure to treat an illness or injury
- Emergency room errors
- Birth injuries
- Serious infections
- Nursing home neglect and abuse
- Wrongful patient deaths
If you believe you have any type of medical malpractice case in Atlanta, consult with an attorney as soon as possible. These are complex cases that come with strict filing deadlines and legal requirements. An attorney can build a strong injury claim on your behalf from the very beginning by thoroughly investigating your case, gathering evidence, hiring expert witnesses and using aggressive litigation strategies.
Who Is Eligible To File A Medical Malpractice Claim?
Any patient in Georgia can file a medical malpractice claim if they have evidence of medical negligence and a related injury, illness or death. Malpractice lawsuits can be brought against physicians, surgeons, dentists, chiropractors, nurses, cardiologists, optometrists and many other types of health care practitioners in Atlanta. To prove a medical malpractice claim, the following must apply:
- There was a doctor-patient relationship; in other words, you must have been a patient at a medical clinic.
- The doctor or medical professional fell short of the acceptable standard of care.
- The misdiagnosis, wrong treatment or lack of treatment must have caused you harm.
- You suffered loss as a result of the harm.
Not all negative patient health outcomes amount to medical malpractice. If a practitioner failed to fulfill the duty of care, however, then you may be entitled to financial compensation for your related injuries. Our lawyers at Hilley & Frieder offer free case assessments and can help you better understand whether you are entitled to compensation for a medical mistake.
Who Is Liable For Medical Malpractice?
Determining liability – or financial responsibility – for your medical malpractice claim may take an investigation into who or what caused your injury. Your doctor may have directly caused your injury through negligence, for example, but if they were an employee of a hospital in Atlanta, then you may have grounds to sue the hospital through the rule of vicarious liability. This law states that employers are accountable for the actions and mistakes of their on-duty employees.
Holding a hospital, emergency room, nursing home or health care facility liable for medical malpractice can result in greater financial compensation than a lawsuit against an individual doctor or practitioner. Hospitals generally have more insurance coverage and higher policy limits than doctors’ personal policies. If the negligent physician was working as an independent contractor, however, then you may only be able to use a personal policy for coverage.
Some medical malpractice claims in Atlanta involve defective medical devices. If a defective product in the medical industry caused or contributed to your injury, then you can hold a manufacturing company liable. It is also possible to hold two or more parties liable at the same time – such as an incompetent doctor and a product manufacturer. A medical malpractice lawyer can help you identify all the defendants in your case for optimal results.
Consult A Medical Malpractice Attorney For Free
Our medical malpractice lawyers are available for free case evaluations and consultations. To schedule your free appointment, contact us by calling 404-795-6099 or sending an email through our website form.
