Frequently Asked Questions
Some health care facilities will provide a form for you to fill out in order 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.
Under the federal HITECH Act, a patient has a right to obtain his or her 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 in lieu of obtaining their actual medical record.
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 you lawyer to understand the case, attorney identifying the proper expert medical witness, discovery, mediation and negotiation, and sometimes trial. Lear more about how medical malpractice cases are resolved.
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.
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.
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.
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.
Every state has a board that licenses its doctors. In Georgia, that board is the Georgia Composite Medical Board (GMCB). The same boards that issue medical licenses also tend to handle any disciplinary matters, license suspension and license 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.
Yes, a consent form does not release a physician from liability if he or she was 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 him/her.
Economic damages are available, which reimburse a victim for financial costs related to the malpractice. Non-economic damages are available, which cover the pain and suffering that the victim endured, in addition to any reduction in their quality of life. In egregious situations, punitive damages may be available, with the purpose of punishing the medical professional for their conduct and send a message to similarly situated medical professionals. Depending on the case, wrongful death damages may also be available, which help compensate the family members of the victim for funeral expenses and their future financial losses based on the contributions of the victim to their family.
Medical malpractice claims typically require a high level of expertise. If you suspect your doctor was negligent, but aren’t sure, you should consult with 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.
Most medical procedures or treatment involve some level of risk. It’s the doctor’s responsibility to give the patient information about a particular treatment or procedure so the patient can decide whether to undergo the treatment, test or procedure. This process of providing essential information to the patient and getting the patient’s agreement to a certain medical procedure or treatment is called informed consent.
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.
By taking extra precautions, patients can help reduce the risk of suffering from medical errors amid the COVID-19 pandemic. Come to appointments prepared with questions, provide key information like symptoms, familiarize yourself with the office’s COVID-19 measures if visiting in-person, wear a facial covering and continue best hygiene practices and wash hands frequently for at least 20 seconds.