Atlanta, Georgia Medical Malpractice Lawyers & Lawsuits
The crisis in our nation’s healthcare system is not confined to the problem of ever-increasing cost and how to pay for quality care. According to a study published in September 2013 in the Journal of Patient Safety, every year at least 210,000 and up to 400,000 patients die as a result of preventable medical mistakes, errors or negligence by doctors, nurses, medical staff and other healthcare providers. Up to 20 times more patients survive medical mistakes but suffer injuries, many serious and life-altering. The fatality statistics show that medical malpractice is the third leading cause of death in the United States, behind heart disease and cancer.
Medical malpractice occurs when a doctor, surgeon, nurse, hospital staff or other healthcare provider makes a mistake or error in the diagnosis or treatment of a patient that deviates from the accepted “standard of care” within the medical profession. To prove medical malpractice has occurred, the patient’s or family’s attorney must show that the doctor or other health provider was negligent in failing to meet the accepted standard of care, and that this negligence was the proximate cause of the patient’s injury or death. When a patient dies as a result of medical malpractice, surviving family members may be able to bring a wrongful death claim or lawsuit.
Medical malpractice can arise from numerous situations, including:
- Improper use of anesthesia
- Surgical errors
- Lack of oxygen during medical procedure
- Delayed treatment or failure to diagnose a medical condition
- Birth injuries or defects caused by medical mistakes in delivery
- Delayed birth/fetal distress/lack of oxygen during delivery
- Incorrect administration of medication
- Infections due to contaminated surgical instruments, devices or environments
- Nerve damage and other injuries from blood draws
- Failure to diagnose cancer and other serious illnesses or conditions
- Misdiagnosis of serious illnesses or medical conditions
- Defective medical products and devices
- Incorrectly filled or labeled prescriptions
- Emergency room mistakes
- Hospital falls due to improper supervision, lack of bedrails or restraints
Georgia medical malpractice legal claims or lawsuits are complicated and costly to pursue. For this reason, it is critical to promptly retain a qualified attorney with the necessary experience, skill and resources to successfully prosecute these claims. Generally, claims for medical malpractice must be filed within two years from the date of injury. However, before a lawsuit may be filed against a doctor, hospital, nurse, or other healthcare provider for a medical mistake resulting in serious injury or death to the patient, a doctor or other medical expert must review all of the relevant records and testify by affidavit that a mistake or error was made which fell below the applicable standard of care. The process of collecting medical records and having them reviewed by the appropriate expert can itself be costly and time-consuming. Delays or difficulty in obtaining complete medical records from hospitals, doctors and other providers, delays in the expert review process, or delays by clients in finding and hiring competent legal representation can all hinder the process and sometimes result in valid claims not being diligently pursued, or not even being pursued at all.
Through a Georgia medical malpractice lawsuit, an injured patient (or her legal representative and survivors) may seek compensation for damages including lost wages, past medical bills and hospital and rehabilitation bills, and out-of-pocket expenses such as home health care and mobility equipment. Injured patients may also be eligible for the cost of future medical bills related to the injury. In addition, a victim of medical negligence or mistakes may recover non-economic, less tangible damages such as physical and emotional pain and suffering and loss of enjoyment of life. In a wrongful death medical malpractice lawsuit the patient’s legal representative and survivors may pursue claims for the full value of the patient’s life (as measured from the survivors’ perspective), final medical and burial expenses, and damages for s conscious pain and suffering before the patient’s death.
The Atlanta, Georgia medical malpractice attorneys at Brownstein & Nguyen have substantial experience in evaluating, handling and preparing medical malpractice or negligence cases for trial and resolution. Every medical malpractice case is different, and our attorneys have the experience and have worked with experts like those outlined above to properly assess and present proof of economic and non-economic damages resulting from injuries or death caused by medical mistakes or errors. Our attorneys have a proven track record, both in and out of the courtroom, of ensuring that medical malpractice victims and their families recover maximum compensation for their losses. Click here to view some of our notable results, and click here to see what our clients say about our experience and dedication in handling their claims.
If you, a friend or family member has suffered a serious injury or if a loved one has died or been serious injured as a result of medical negligence or mistakes in Georgia, call or contact our experienced Atlanta medical malpractice attorneys today for a free consultation.
