What is medical malpractice?

By definition, medical malpractice occurs when a patient is harmed because a doctor, nurse or other medical professional fails to provide proper treatment. When a doctor’s treatment fails to meet the medical profession’s own minimum standards, it constitutes medical malpractice. Learn more about what constitutes medical malpractice.

 What is misdiagnosis?

The National Academy of Medicine defines diagnostic error, or misdiagnosis, as “the failure to establish an accurate and timely explanation of the patient’s health problem(s) or communicate that explanation to the patient.” Learn more about misdiagnosis.

 How do I start a medical malpractice case in Georgia?

If you or a loved one has been harmed by substandard care, you may want to file a medical malpractice lawsuit. You’ll want to find a qualified attorney, obtain and review your medical records, obtain an expert affidavit and then work with your lawyer to file the official complaint. For more information about starting a medical malpractice case, visit our blog.

Can I sue my doctor for medical malpractice?

If your doctor’s care fell below the standard of care and you were harmed, you may have a medical malpractice case. You must prove negligence, causation, and damages to win a medical malpractice case. Learn more about medical negligence here.

Do all Georgia medical malpractice cases go to trial?

No, some medical malpractice cases will settle before trial. If a case does proceed to trial, a jury will listen to and consider testimony from experts who will testify whether they believe a physician’s actions followed standard medical practices or fell below the accepted standard of care. Learn more about how medical malpractice cases are resolved.

How do I know if my doctor has ever been sued for malpractice?

Every state has a board that licenses its doctors. In Georgia, that board is the Georgia Composite Medical Board (GMCB). The boards that issue medical licenses also tend to handle disciplinary matters, suspension, and revocations. It’s the place to go and search your doctor’s name, find out if they have ever been convicted of a felony or misdemeanor, and learn about lost malpractice suits. Learn more about knowing if your doctor has been sued for malpractice.

How do I get my medical records in Georgia?

Some healthcare facilities will provide a form for you to fill out to request medical records. However, if a request form isn’t available, you can always write a letter to make your request. Learn more about how to get your medical records.

What do I do if someone tries to charge me for my medical records?

Under the federal HITECH Act, a patient has a right to obtain their records at a ‘reasonable, cost-based fee,’ which means that physicians can only charge for labor for copying the medical records (whether paper or electronic), supplies for copying the medical record, postage if applicable, and preparing a summary of the medical record if the patient agreed to that process instead of obtaining their actual medical record.

How are medical malpractice cases resolved in Georgia?

There isn’t a one-size-fits-all when it comes to personal injury cases. However, your case may follow this path: finding the right representation, questioning by your lawyer to understand the case, the attorney identifying the proper expert medical witness, discovery, mediation and negotiation, and sometimes trial. Learn more about how medical malpractice cases are resolved.

Is there a statute of limitations in Georgia for taking legal action for medical malpractice cases?

Georgia Code section 9-3-33 gives any individual injured by the negligence of a medical professional two years from the date of the injury or death to file an ‘action for injuries to the person.’ This statute of limitations deadline applies to almost every type of personal injury lawsuit. Learn more about the statute of limitations on medical malpractice cases.

What medical conditions are commonly misdiagnosed?

Certain types of conditions are more commonly misdiagnosed, including cancer, heart attack, stroke, chronic kidney disease, asthma and staph infection. Learn more about commonly misdiagnosed conditions.

Can I still recover damages in a medical malpractice claim if I signed a consent form?

Yes, a consent form does not release a physician from liability if they were negligent in performing a medical procedure. If you can establish that your doctor deviated from the applicable standard of care, resulting in your injury, you may still recover against them. Learn more about consent.

What kind of damages can I recover in a medical malpractice case?

Economic damages are available, which reimburse a victim for financial costs related to the malpractice. Non-economic damages are available, covering the pain and suffering that the victim endured and any reduction in their quality of life. In egregious situations, punitive damages may be available to punish the medical professional for their conduct and send a message to other medical professionals. Learn more about damages here.

What should I do if I think I have a medical malpractice claim?

Medical malpractice claims typically require a high level of expertise. If you suspect your doctor was negligent but aren’t sure, you should consult an experienced legal professional who can explain your options. Contact a medical malpractice attorney like Bell Law Firm right away to get the answers you need.

How much does a medical malpractice attorney cost?

Virtually all personal injury lawyers work on a contingency basis, which means they get paid only if you receive a settlement or jury award. 

How do I find the best Georgia medical malpractice attorney for my case?

The lawyer you work with is an important decision that will impact the success of your case, ongoing financial stability and rehabilitation options. Here’s where to start in your decision-making process.