Medical Malpractice
The Georgia medical malpractice attorneys at The Werner Law Firm have a very unique perspective. The firm’s founder, Michael Werner, holds a MMSc in anesthesiology from Emory School of Medicine. Michael’s experience as an anesthesiologist helps him in evaluating, litigating, and trying your case in front of a jury.
Healthcare providers have both a professional and legal obligation to perform their duties with competence and diligence. If a doctor, nurse, or other medical professional fails to perform his or her duty in accordance with the prevailing professional standard of care and you suffer an injury due to that negligence, you can be compensated for your injuries.
Simply stated, patients place their lives in the hands of doctors. Doctors must respect this trust and do everything in their capacity to ensure the well-being of their patient. In some instances, a medical provider abuses the patient’s trust by not acting in the patient’s best interest, resulting in the pain and suffering or death.
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice is defined as negligent behavior that deviates from normal standards of practice and causes injury or death to the patient. To determine medical malpractice, a question is asked of the healthcare provider’s behavior, “What would a competent medical professional have done in this situation?” If the caregiver’s conduct was not congruent with the standard of his or her profession and led to patient injury, then there is a case for medical malpractice.
It is important to remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards. For this reason, winning a medical malpractice claim is primarily dependent on obtaining expert testimony who can not only teach, but explain what those applicable standards are to the jury. Excellent advocacy is also a must, as victims are often fighting their claims against hospitals who have entire teams of lawyers at their disposal.
WHAT MAKES THE WERNER LAW FIRM QUALIFIED TO HANDLE YOUR MEDICAL MALPRACTICE CLAIM?
WHAT TYPES OF MEDICAL MALPRACTICE CLAIMS DO WE HANDLE?
MEDICAL MALPRACTICE CLAIMS FOR ANESTHESIA ERRORS
MEDICAL MALPRACTICE CAUSED BY A TREATING PHYSICIAN
Postoperative Negligence by a Treating Surgeon
Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery or treatment. Medical professionals are responsible for monitoring a patient for complications that arise from surgery or treatment, preventing and treating infections, monitoring vital signs, giving detailed instructions to the patient for post-surgical care, and correctly prescribing medicine to the patient to aid in the healing process and prevent complications. If a doctor fails to properly monitor a patient or fails to notice symptoms, that patient may face suffer a severe injury. In these cases, the patient may have a viable medical malpractice lawsuit.
INSTITUTIONAL MEDICAL MALPRACTICE BY A HOSPITAL SYSTEM
WHAT COMPENSATION IS AVAILABLE IN A MEDICAL MALPRACTICE CLAIM IN GEORGIA?
In Georgia medical malpractice cases, compensatory damages are awarded to compensate the injured patient for the harm caused by a medical professional’s negligence. Compensatory medical malpractice damages attempt to make the victim “whole” again and provide financial compensation for economic and non-economic losses. Also known as actual damages, economic losses that may be covered include:
Medical expenses: These damages cover the cost of hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices and similar expenses. When an injury is severe or permanent, the medical malpractice victim may also be awarded compensation for future medical expenses.
Lost wages: Patients who must take time away from work to recover from their medical malpractice injuries may be able to collect compensation for lost wages.
Loss of earning capacity: When a patient is unable to earn the same amount of money as he or she did prior to their accident, they may be awarded compensation for a loss of earning capacity.
Pain and suffering: Medical malpractice damages for pain and suffering typically compensate the victim for the physical pain caused by their injuries. These damages may also include compensation for emotional distress, which refers to the anxiety, depression, fear, frustration and other mental suffering that can develop as a result of a medical malpractice injury.
Loss of Consortium: The spouse of the medical malpractice victim may be able to recover compensation for the loss of marital benefits. Loss of companionship, sexual relations, affection, and comfort are among the compensable marital benefits. Loss of consortium medical malpractice damages are typically awarded in cases of life-changing or permanent injuries.
In some cases, where the medical malpractice claim involves the death of a family member or loved one, the victim’s family may be entitled to bring a wrongful death claim.
When a nurse, doctor or other medical professional acts with gross negligence, or if their conduct is willful or malicious, the injured patient may be entitled to punitive damages. Rather than compensate the victim for their losses, punitive medical malpractice damages aim to punish the defendant and deter others from engaging in similar conduct.
IMPORTANT NOTE ON MEDICAL MALPRACTICE CLAIMS IN GEORGIA
Under Georgia law, a statute of limitations limits the amount of time an injured party may pursue a medical malpractice lawsuit against a negligent party. Georgia’s medical malpractice statute of limitations is two years. The two-year period begins as soon as the injury or death occurs. However, if injury or death occurs later than the wrongful or negligent act that caused it, the victim or victim’s family must take action within five years of the medical malpractice act. Due to time spent receiving further care as a result of the medical malpractice and additional recovery time, the statute of limitations expires much faster than most people realize.
TALK TO A GEORGIA MEDICAL MALPRACTICE ATTORNEY FOR FREE
Call the attorneys at The Werner Law Firm for a free and 100% confidential consultation. When you call, we conduct a thorough investigation from every angle. If we accept your case, you will never pay us a dime, unless and until we favorably resolve your case.
In some cases, you may not need an attorney. If that is the case, we will tell you. We will give you honest and direct advice. We are committed to maintaining the highest standards of integrity, honesty, professionalism and competence.
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