Georgia Medical Malpractice Lawyer

A study from Johns Hopkins University in 2018 found that medical errors are the third leading cause of death in the United States, trailing only heart disease and cancer. It's unsettling to think that respected healthcare institutions and highly qualified doctors could be responsible for such a significant number of preventable mistakes. These errors can result in grave consequences, from loss of life to life-altering injuries such as permanent brain damage, paralysis, and limb amputations. In such instances, it's crucial to understand what went wrong, why it happened, and whether it could have been prevented.

As legal professionals specializing in personal injury and medical malpractice cases, we bring decades of experience to the table. We have a profound understanding of the standards for safe and effective medical care and the factors contributing to medical errors. We are prepared to take on large hospital systems and healthcare providers who shirk responsibility for obvious and preventable mistakes.

Our team collaborates with expert physicians nationwide who are committed to advocating for patients and educating juries about the standards of medical care. While pursuing a medical malpractice case against a major healthcare entity or a respected physician may seem daunting, we have the expertise and skills to guide you through the process. If you need assistance, don't hesitate to reach out to The Moses Firm, where our Georgia-based medical malpractice attorneys offer free consultations.

Representing You with Expertise

If you suspect that you or a loved one has been a victim of medical malpractice in GA, it's essential to seek guidance from a knowledgeable and experienced local attorney who understands Georgia law intricately. Many victims of medical malpractice make the mistake of hiring out-of-state lawyers, who may lack familiarity with Georgia's legal nuances and may not have the necessary connections to secure the best outcome for your case.

At The Moses Firm in Atlanta, GA, our respected and experienced medical malpractice attorneys will evaluate the legal and practical aspects of your case at no charge. If we determine that your case is viable and choose to represent you, there will be no upfront costs. We cover all expenses associated with the case, and you only pay attorneys' fees and litigation expenses if we successfully recover compensation for you.

Types of Medical Malpractice Cases

Medical malpractice occurs when healthcare providers fail to meet the expected "standards of care" for patient treatment, as required by Georgia law. These standards are well-established through medical education, textbooks, guidelines, hospital policies, and other sources. Failure to adhere to these standards, resulting in injury, constitutes medical malpractice.

Common instances of medical malpractice include:

• Anesthesia Errors: Anesthesiologists and other healthcare providers need to make sure that patients can breathe safely throughout surgeries and medical procedures. Failure to administer anesthesia safely, inadequate patient monitoring, neglect of breathing problem warning signs, absence of a secure anesthesia plan, or ineffective and delayed response to airway issues can lead to severe brain injuries or death. Such incidents shouldn't occur, and families should look into these cases to see if there's any wrongdoing.
• Birth Injuries: Medical errors often happen during childbirth. One common scenario involves inducing labor using a medication like "Pitocin" or "Oxytocin" to speed up contractions. This medication is considered high-risk because improper administration or insufficient monitoring can lead to serious harm. Sometimes, too much medication is given, causing excessive contractions that reduce blood flow to the baby. Without prompt intervention or a cesarean section, the baby may suffer brain damage or even death due to oxygen deprivation. Surviving babies might be diagnosed with "hypoxic ischemic encephalopathy" and may develop cerebral palsy, leading to lifelong challenges, missed milestones, and pain. If you're in this situation, it's crucial to seek help from a skilled medical malpractice attorney experienced in handling birth injury cases.
• Misdiagnosis or Delayed Diagnosis: Medical malpractice often happens when a medical condition requiring urgent attention isn't diagnosed and treated promptly. This typically occurs when a patient presents with clear signs of a serious condition, such as at an emergency room or during a doctor's visit, but is sent home without proper treatment because the healthcare providers fail to recognize the severity of the situation. This failure to diagnose commonly occurs with conditions like heart attacks, strokes, various cancers, brain infections such as meningitis, and other infections. Delayed diagnosis and treatment of these conditions can lead to permanent harm or even death. Individuals affected by such situations should consider seeking guidance from experienced medical malpractice lawyers who have a track record of handling such cases.
• Medication Errors: Nurses are required to adhere to the principles of medication administration known as the "5 Rights," ensuring that the correct medication is administered to the correct patient, in the precise dosage, via the correct route, and at the designated time. Examples of medication errors include administering the wrong medication to a patient, resulting in serious harm; administering an excessive dosage of a medication. Regrettably, such errors are not uncommon and can lead to significant injuries. If you have experienced such an incident, it is crucial to have your case thoroughly investigated by a seasoned and reputable medical malpractice attorney.
• Surgical Mistakes: Errors can occur during surgical procedures. Occasionally, surgeons may operate on an incorrect body part, inadvertently leave instruments inside the patient, perform unnecessary surgeries, or inadvertently harm critical body parts that must be safeguarded to prevent severe outcomes such as amputations. These avoidable medical mistakes, lacking in rationale and preventability, can lead to profound and even fatal repercussions. Hence, it is imperative for surgeons to anticipate potential complications beforehand and steer clear of such preventable errors.

Dedicated Medical Malpractice Attorneys Serving the State of Georgia

Determining whether you have a valid medical malpractice case involves considering several legal and practical factors. Every case is unique, so it's essential to consult with an experienced medical malpractice attorney in GA, who can evaluate the specifics of your situation.

To assess the viability of your medical malpractice case, we need to obtain and review your relevant medical records. This review might involve consulting expert physicians or nurses to help identify any medical errors. The seasoned lawyers at The Moses Firm offer free consultations to evaluate your case without any cost to you. If necessary, they may also cover the expenses of having your case reviewed by an expert. Don't hesitate to reach out for assistance.

Legally, to succeed in a medical malpractice case in Georgia, a lawyer must prove that (1) the healthcare provider had a duty or standard of care; (2) The provider violated or breached that duty; (3) most likely, that breach of duty caused injuries; and (4) this negligence resulted in the patient suffering actual injuries and damages.

DUTY: In a medical malpractice case, the individual bringing the lawsuit, usually the patient, is required to demonstrate that the healthcare provider, whether it be a doctor or a nurse, had a specific obligation to either take certain actions or refrain from taking certain actions. This obligation is commonly referred to as the "standard of care." Essentially, this entails that the level of care and proficiency provided by the healthcare provider must meet the expectations within the profession under similar circumstances.

Establishing this standard of care often involves the testimony of expert witnesses, typically practicing doctors or nurses, who are called upon by your legal representatives specializing in medical malpractice cases in Atlanta. These experts provide insights into what actions an ordinary and reasonable healthcare provider would undertake given the circumstances in question.

To put it simply, it comes down to determining what any competent healthcare provider would do when faced with similar circumstances. This process aids in assessing whether the defendant healthcare provider acted negligently or not, in accordance with the legal standards outlined in statutes such as O.C.G.A. § 51-1-27 and Georgia Suggested Pattern Jury Instructions – Civil 62.300.

BREACH OF DUTY: When a healthcare provider fails to meet the expectations of an ordinary and reasonable healthcare provider in a similar scenario, it constitutes a breach of duty or departure from the standard of care. Simply demonstrating this breach or deviation from the standard of care is insufficient to establish a valid medical malpractice case. Additionally, you must also substantiate the other necessary elements for a successful medical malpractice claim.

CAUSATION: In order for a medical malpractice case to be valid, it's necessary to establish causation. This means that the breach of the standard of care must have directly caused or contributed to the patient's injury. Unlike the "beyond a reasonable doubt" standard used in criminal cases, causation in medical malpractice cases must be proven by a "preponderance of the evidence" since it's a civil matter. Essentially, this means that a jury must be convinced by a "more likely than not" standard that the negligence resulted in the patient's injury. Under Georgia law, the jury doesn't need absolute certainty; they only need to be at least 50.1% confident that the negligence caused or contributed to the injury. It's important to note that in Georgia, negligent action or omission doesn't have to be the sole cause of the injury; there may be other factors involved. What matters is that negligence played a significant role in causing the injury.

DAMAGES: For a medical malpractice case to be valid, the plaintiff must have suffered an actual injury. Typically, these cases involve severe or life-altering injuries such as death, brain damage, paralysis, or limb amputations. In Georgia, damages are categorized into two main types: economic and non-economic. Economic damages encompass medical expenses, lost wages (both past and future), and funeral costs. Non-economic damages include compensation for pain and suffering, the long-term effects of injuries, disfigurement, the permanence of the injury, and/or loss of life.

Given the complexities and risks involved, it's essential for anyone considering a medical malpractice claim to seek evaluation from experienced attorneys. These legal professionals assess various factors including the strength of the case, the severity of the medical error, the extent of the injury and resulting damages, the jurisdiction of the case, the patient's medical history, and the impact of the injury on their life.

The Truth Concealed

When serious medical mishaps occur, an unspoken commitment exists within the medical fraternity—an obligation to promptly, truthfully, and fully disclose any errors to patients or their families. Hospital policies typically mandate such transparency. Yet, shockingly, numerous medical malpractice instances have come to light wherein hospitals and physicians resort to deception and cover-ups. They tamper with medical records, omit crucial details, fabricate nonexistent conditions to deflect blame from actual errors, and even point fingers at patients' pre-existing conditions. Secret exchanges via emails, text messages, and hospital communication apps further muddy the waters, hidden from patients' official medical records. Employing tenacious defense attorneys, they prolong legal battles, hoping for the patient's demise or conceding. Expert witnesses, often highly esteemed medical professionals, craft false narratives to evade culpability, fostering doubt in juries' minds. Regrettably, these deceptive tactics pervade the healthcare landscape, with virtually all major hospital systems employing them without exception.

Instances of hospitals or doctors admitting fault and promptly seeking amicable settlements with affected parties following medical malpractice are exceedingly rare. If you or a loved one falls victim to medical negligence, engaging a seasoned medical malpractice attorney becomes imperative. By doing so, not only do you advocate for justice for your family member, but you also contribute to fostering safer healthcare practices within your community.

Navigating the intricate landscape of medical malpractice demands clever legal evaluation. Attorneys meticulously assess case strength, the gravity of errors, resulting damages, jurisdictional factors, patients' medical histories, and the intangible toll of suffering endured. For residents of Georgia grappling with medical malpractice concerns, entrusting your case to a proficient medical malpractice lawyer versed in Georgia law proves paramount. While some opt for out-of-state representation, such choices often overlook the nuances of state laws and lack the local connections necessary for optimal outcomes. The Moses Firm, distinguished for its trusted, seasoned, and accomplished attorneys, offers complimentary case evaluations, scrutinizing legal and practical dimensions to ascertain viability.

Upon acceptance of a viable case, The Moses Firm extends representation at zero upfront cost, covering all litigation expenses. Fees and expenses only become payable upon securing a favorable outcome. For those pondering the quality of medical care received by themselves or loved ones, reaching out to The Moses Firm's skilled Georgia medical malpractice lawyers proves invaluable.