Simply put, patients place their lives in doctors’ hands. Doctors must respect this trust and do everything in their power to ensure their patients’ well-being. In some instances, a medical provider may abuse a patient’s trust by failing to act in their best interest, resulting in pain, suffering, or even death. That’s why it’s so important to have a medical malpractice attorney in Atlanta to fight on your behalf.
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 in accordance with accepted standards. For this reason, winning a medical malpractice claim primarily depends on obtaining expert testimony that not only teaches but also explains the applicable standards to the jury. Excellent advocacy from a hospital negligence lawyer. It is also a must, as victims often face claims against hospitals that have entire teams of lawyers at their disposal.
Medical malpractice lawsuits differ from other personal injury cases because they involve two intertwining areas of expertise: law and medicine. These cases are inherently complex and require the attention and skill of an attorney well-versed in both areas. The Georgia medical malpractice attorneys at Werner Law Firm:
• Have a firm understanding of medicine;
• Are able to decipher medical documents;
• Know which experts to consult;
• Know which questions to ask;
• Know what to expect from the corporate lawyers of the doctors and hospitals, and aren’t afraid to fully represent your claim all the way to a jury trial
We are currently accepting claims involving the following areas of medical malpractice:
• Failure to properly diagnose or treat a medical condition, and that failure results in a new or aggravating injury to the patient
•Failure to properly diagnose a disease or illness
• Failure to properly monitor patients in the course of a disease or illness
• Failure to properly treat patients with a diagnosed disease or illness
• Surgical errors, including wrong-site surgery or anesthesia errors
• Failure to fully inform patients of risks of procedures and surgeries
• Misuse of prescription drugs
• Improper use of medical equipment or implants
• Negligence when performing a surgical procedure
• Birth injuries or trauma
• Ignoring undesirable prescription drug reactions
• Any medical negligence claim involving a brain injury
If anesthesia is used incorrectly, and a patient experiences injury or death, the negligent professional may be held liable for any resulting damages. Some examples of negligence by an anesthesiologist or other healthcare professional include:
• Choosing the incorrect drug;
• Administering drugs that interact negatively with one another;
• Administering the wrong dosage of the drug;
• Giving a drug to an allergic patient;
• Failing to monitor vital signs;
• Failing to act upon changes in vital signs;
• Administering anesthesia too late;
• Failing to intubate;
• Failing to use machines correctly;
• Using faulty equipment;
• Shutting off the alarm on the pulse oximeter; and
•Failing to inform the patient of instructions regarding the procedure.
There are three kinds of anesthesia: local, regional, and general. Each is used in different circumstances and may carry different possible complications. One of the most serious complications of an anesthesia error is anesthesia awareness, when a patient awakes during surgery and can see and/or feel the ongoing surgery.
Misreading of a chart, x-rays, or test results;
• Failure to diagnose cardiac problems that may lead to a heart attack;
• Surgical errors (botched operation, surgery on the wrong body part, etc.);
• Misdiagnosis or delayed diagnosis (most frequently a blood clot, aneurysm, appendicitis, stroke or pulmonary embolism);
Medication errors;
• Postoperative infections caused, unrecognized, or untreated by the facility; and
• Failure to monitor a patient post-treatment.
• Misdiagnosis or Delayed Diagnosis by a Treating Physician
In Georgia, a failure to diagnose an illness correctly can have devastating effects on a patient and their family. Injuries resulting from a medical misdiagnosis or delayed diagnosis can leave patients with debilitating pain and lasting physical impairments, and in the worst cases, result in fatalities. Commonly misdiagnosed conditions include:
To recover compensation in a misdiagnosis lawsuit, an injured patient must prove that the healthcare professional was negligent. Some examples of medical negligence that can lead to a misdiagnosis include:
Failure to Listen to the Patient: When a patient tells a doctor they aren’t feeling well, it is the doctor’s responsibility to listen to the patient and examine their symptoms. Should the doctor fail to examine a symptom and the patient gets sicker, the doctor may be liable for a misdiagnosis.
Failure to Recognize Symptoms: Doctors are trained to make diagnoses based on a patient’s symptoms. If a healthcare professional fails to make an accurate diagnosis despite symptoms indicating a particular illness, they may be held liable for medical malpractice.
Failure to Examine Medical History: Physicians have a responsibility to examine their patients’ personal and family medical history. The physician may be considered negligent if they didn’t examine the patient’s medical history, the patient becomes sicker, and the illness would have been easily identifiable after such an examination.
Ordering an Improper Test: If a doctor orders an incorrect test based on a patient’s symptoms, they may be negligent if the patient sustains further injury. Additionally, a doctor can be found negligent if they fail to order a test after observing their patient’s symptoms.
Failure to Interpret Tests Correctly: When a doctor orders a test for a patient, they are charged with correctly interpreting the results. Should a doctor carelessly interpret a patient’s test, they may be liable for any unnecessary injury or sickness that results from their negligence.
When a patient is misdiagnosed, their illness can progress without adequate treatment. In the worst cases, this can result in death. Additionally, when a patient is misdiagnosed with an illness from which they are not suffering, they can be subjected to painful and risky treatments. If the doctor in either of these instances negligently misdiagnosed the illness, they may be liable for any resulting damages to the patient.
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 arising from surgery or treatment, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medication to aid healing and prevent complications. If a doctor fails to properly monitor a patient or fails to notice symptoms, that patient may suffer a severe injury. In these cases, the patient may have a viable medical malpractice lawsuit.
In certain cases, the hospital where the patient was injured can also be sued in a hospital negligence lawsuit. First, hospitals are charged with adequately evaluating prospective employees’ qualifications, including prior experience, certifications and level of education. If the hospital provides privileges to an incompetent or under-qualified medical professional, it may be held liable for any patient injured by that employee’s incompetence. For instance, if a hospital fails to check whether an employee has the proper degree or certification and that employee causes an injury, the hospital may be found liable.
Second, hospital employees and staff sometimes engage in conduct that amounts to medical malpractice, for which the hospital can be held liable. Some of these include:
Inaccurate diagnosis;
Some of the types of infections, illnesses, and conditions that commonly arise from postoperative negligence include:
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 with the help of a medical negligence attorney.
When a nurse, doctor, or other medical professional acts with gross negligence or engages in willful or malicious conduct, 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.
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 the 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.
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 resolve it favorably.
In some cases, you may not need an attorney. If that is the case, we will let you know. 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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