Medical Malpractice Lawyer

Atlanta Medical Malpractice Lawyer

We always expect the best from healthcare professionals, as they have our future in their hands. Their thoughts, decisions, and actions can change our health status. But doctors are not flawless and they’re not exempt from committing a mistake, even if their mistakes can permanently change someone’s life.

Every year, U.S. residents experience severe injuries or die because of medical errors. This scenario can leave you stressed and with financial troubles. As a victim, you have the chance to make things right with a medical malpractice claim.

Many variables can influence your case, which can be an impossible task for an injured individual with no legal knowledge. Because of this, you may need to speak with an medical malpractice lawyer in Atlanta. Our team at Fischer Redavid PLLC can examine your case and determine if your claim has a good chance of being successful.

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What Is Medical Malpractice?

Medical malpractice is not a term that refers to all kinds of medical errors without distinction. By definition, medical malpractice occurs when a healthcare professional or provider is negligent when it comes to giving the right treatment, or omits important information. They may fail to take specific actions that would have improved their patient’s well-being.

To understand the concept of malpractice, know that all medical providers must follow a standard of care. If a doctor, nurse, or anyone liable for your well-being failed to operate under that proper standard of care, you’re within your rights to file a medical malpractice claim. You can then legally request adequate compensation.

However, doctors are not responsible for everything the patient may experience. Medical procedures like surgeries or long-term treatments can be uncomfortable and painful. If performed correctly, however, it’s not possible to receive monetary compensation every time you’re not in your desired state of health.

Medical malpractice may cover any of the following mistakes a doctor can make:

Failure to diagnose
A late diagnosis that leads to a more severe illness or injury
Medication errors
Surgery performed on the incorrect body part
Surgery tools left in the body cavity
Birth injuries
Anesthesia errors

Why Mistakes Can’t Be Considered Malpractice

Even when healthcare providers do their best, there will still be a certain percentage of patients that experience negative outcomes. Medicine is constantly evolving and will never be considered an exact and infallible science.

What makes the difference between mistakes and malpractice is the way healthcare professionals decide to face a patient’s problem. If a doctor did everything they could and provided multiple treatments with an individual’s best interests in mind, that patient can’t be considered a victim of malpractice, as negligence or carelessness were not present.

Let’s say a nurse gave the correct medication to a patient who’s experiencing constant pain, but it wasn’t effective and didn’t solve the problem. In these cases, the nurse’s actions wouldn’t be considered below the appropriate standard of care and will not be seen as a preventable medical error.

The situation is different if a nurse forgets to administer the medication needed to improve a patient’s well-being. That’s especially true if this negligent act results in additional health problems in an individual who’s already experiencing constant pain and suffering.

It’s important to always keep this difference in mind before you proceed with your medical malpractice claim. Seeking justice and preserving financial stability is important, but you need to know first whether you’re eligible for a claim. That’s why a qualified lawyer’s input is crucial in this scenario. Their knowledge will help you ensure you’re taking the right steps forward.

What Is the Standard of Care?

There’s no universal law that can define the standard of care for every scenario. Even in similar cases, every body is different, and so treatment is based on your needs. It usually depends on the type of medicine involved, where your treatment took place, and how healthcare professionals try to solve your problems in that specific scenario.

The key concept of a standard of care for medical providers is that the doctor should do everything within their abilities to help you recover. While mistakes can happen, performing surgeries correctly, ensuring they have the right information, and investigating all reasonable avenues for diagnosis and treatment.

But doctors, just like this concept, are distinct individuals and will always act in the way they see fit, which can be very different. Even if two professionals possess the same knowledge and come from the same background, they may approach treatment differently. That’s why you may need an attorney to gather evidence and prove they violated that standard of care.

Negotiations with Insurance Companies

When dealing with legal issues, negotiations will never be easy to complete. You’re not the only one who’s trying to protect their finances or pursue their own interests, after all. It would be wise to expect potential defendants to put a significant amount of effort into doing the same thing.

Furthermore, this legal battle may include multiple parties, which means that establishing who’s liable and who’s going to compensate you adequately can become even more difficult. It’s not unusual for a malpractice claim to involve hospitals, doctors, nurses, insurance companies, and all other entities who have an interest in diminishing your claim’s value.

Dealing with all the legal intricacies of a medical malpractice claim while you’re in constant pain and stress is a recipe for disaster. A mistake in this situation could result in a dismissed claim, which leaves you holding the bill for your injuries and suffering.

You shouldn’t end up in debt because of someone else’s mistakes, and destroying your savings account isn’t fair to you. Letting a medical malpractice attorney in Atlanta take care of the hard part for you can drastically increase your chances of success, so you can put this daunting experience behind you.

When Should I File a Medical Malpractice Claim?

If you or a loved one has been injured by medical malpractice, you may have grounds for legal action. Acting now is vital, as wasting time or waiting for things to get better by themselves is never the answer. There’s also the possibility of losing important pieces of evidence as time goes by, like statements from witnesses or important documents.

You also need to remember that every claim is subject to the state statute of limitations, which is the maximum amount of time you have to seek justice and be compensated. It can begin as soon as the malpractice occurs, or as soon as you were made aware that medical malpractice took place.

This type of claim has a statute of limitations of two years in Georgia. If you ignore this deadline, you’ll lose your chances of receiving compensation. It would be in your best interests to speak with an attorney instead of waiting for your injuries to get better by themselves.

Do I Really Need a Lawyer?

While you have the option to file a medical malpractice lawsuit without hiring a lawyer, you should consider the entire situation before you do so. It’s normal that the majority of injured individuals want to save money in a difficult situation, especially when dealing with legal issues or disabilities, but representing yourself is often a bad idea and it’s something you should avoid.

The first problem is that your claim will be easier to dismiss. Facing multiple defendants alone is already complicated, and hospitals and clinics will show up with their own team of lawyers. When this happens, the probability of achieving the desired outcome is closer to zero.

Gathering evidence and presenting a convincing version of the facts will also be almost impossible without a legal counselor by your side, as you’ll be injured and suffering. The at-fault parties will notice and accuse you of lying about your injuries, your suffering, and everything you went through.

Demonstrating the existence of legal and medical issues while negotiating with individuals who have no interest in giving you the money you deserve can quickly turn into a very complicated matter. Not to mention the physical effort you’ll have to put in speaking with witnesses and negotiating in front of a jury if your case goes to court.

Insurance Companies Want to Avoid Payout

Insurance companies, which will also do everything they can to protect their profits as soon as you take legal action, also know you’re not aware of the way negligence and liability laws work. They will take advantage of that while arguing that you’re healthy enough to handle legal issues without help.

They may even go as far as accusing you of not following the doctor’s instructions or lying about your injuries because you’re looking to get paid. They will take any kind of statement you made, even right after getting injured, and won’t consider it a problem to use it against you.

A very common strategy used by these companies is to waste your time. As a victim who is unable to work, you can’t afford to wait months or years before you’re able to be compensated. To avoid the worst-case scenario, you’ll be forced to accept a low settlement offer, which won’t be enough to cover all future expenses.

Experienced lawyers can protect you from all of this, as they’re aware of how personal injury laws work, know how to gather evidence and present it in an effective manner, and won’t let insurance companies waste your time. With an Atlanta medical malpractice lawyer by your side, you’ll receive your compensation in a significantly shorter amount of time.

What if I Can’t Afford a Lawyer?

Common myths describe lawyers as money-hungry professionals who offer expensive services. This couldn’t be further from the truth, and you don’t need to pay out of your own pockets because of a doctor’s negligence if you can’t afford a lawyer.

Our law firm offers free consultations, so you can speak with experienced malpractice lawyers without additional or hidden costs. We’ll also give you an estimate of the amount of money you could receive from your settlement, and we’ll do everything in our power to maximize your compensation.

Our attorneys are passionate individuals who understand your suffering and are not afraid to take your case to court if an agreement can’t be reached with the at-fault parties. You won’t have to worry about courtroom anxiety or making a mistake, as we’ll be there to give you the guidance you need.

We also understand that discussing payment plans with attorneys can scare many clients, that’s why we’ll work hard to reach an agreement that takes into consideration your financial situation, and the fact you’re injured and unable to work.

FAQs About Medical Malpractice in Atlanta

What types of damages can I recover in a medical malpractice lawsuit?

In a medical malpractice lawsuit, you may be entitled to recover various types of damages, including economic damages such as medical expenses, lost wages, and costs of future medical care. Additionally, you can seek non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the healthcare provider's conduct was especially egregious or reckless.

Do I need a medical expert to testify in a medical malpractice case?

Yes, it is typically required to have a qualified medical expert to testify in a medical malpractice case. The expert will provide an affidavit of merit that establishes how the healthcare provider deviated from the accepted standard of care and how this deviation caused the plaintiff's injury. The testimony of a medical expert is crucial to substantiate the claims and to help the court understand the complex medical issues involved.

What should I do if I suspect medical malpractice?

If you suspect medical malpractice, you need to take several steps immediately. First, seek a second opinion or further medical treatment to address any ongoing health concerns. Keep detailed records of all medical treatments, communications, and documentation related to your care. Next, contact an experienced medical malpractice attorney to evaluate your case and provide guidance on the best course of action. Your attorney can help you gather evidence, identify expert witnesses, and navigate the legal process to pursue compensation for your injuries.

Can I sue a hospital for medical malpractice?

Yes, you can sue a hospital for medical malpractice if the hospital's negligence contributed to your injury. This can include cases where the hospital failed to properly vet or supervise its staff, did not maintain safe and sanitary conditions, or where systemic issues within the hospital led to substandard care. It is important to differentiate whether the negligent party was an employee of the hospital or an independent contractor, as this can affect liability and the approach to your case.