Marietta Medical Malpractice Lawyer

Marietta Medical Malpractice Attorney

When we go to a clinic, hospital, or other medical practice, we expect that the doctors and other medical providers will help us. Though this is usually the case, there are instances in which a medical professional neglects their responsibilities or maliciously harms a patient. In these scenarios, the individual is violating their oath as a medical professional, and they can be held responsible for the damage that they caused. It is crucial to seek help from a Marietta medical malpractice lawyer as soon as possible.

A medical malpractice case allows those who have been harmed by a medical professional’s negligence or poor behavior to take action against the individual in search of compensation. Though these claims cannot undo the harm and trauma that a victim endures, they can help the victim’s family to recover financially from the incident. With the help of a trained Marietta medical malpractice lawyer, you can fight for your rights after a medical professional’s negligence harms you.

Our team at Barnes Law Group has many years of experience in this area. With our help, you can fight for the settlement that you deserve.

Barnes Law Group: Your Marietta Medical Malpractice Lawyers

Medical malpractice cases can happen anywhere, including here in Marietta, GA. If you are harmed by a doctor, nurse, anesthesiologist, or other medical professional in the area, our team is here to fight for your rights. With many years of experience in personal injury and malpractice cases, our injury lawyers are highly qualified to take on your case and represent you strongly and accurately.

Our team understands that medical accidents and neglect leave victims in a vulnerable position. Not only did the responsible party violate your trust, but they harmed your body as well. This can be difficult to process.

With this in mind, our team approaches every medical negligence or malpractice claim with empathy and patience. You can trust us with your story, and we will do everything in our power to help you achieve the compensation and treatment that you deserve.

What Is a Medical Malpractice Claim?

Medical malpractice is a type of personal injury claim in which a victim of negligent or poor medical care seeks financial compensation for the damage that a doctor’s malpractice or negligence has caused. This is more complicated than it may seem.

When a patient visits a medical care facility, the medical professionals working in the facility have an obligation to treat the patient to the full extent of their ability and do everything in their power not to cause further harm. If a medical professional fails to do this, in other words, they do not meet the standards set out for them, and they can be considered negligent.

A patient who has been hurt by medical malpractice can take the responsible medical professional to court to seek financial retribution for what they have endured. They do this through a medical malpractice claim.

Medical malpractice claims are usually civil cases in which the victim acts as the prosecution. The prosecution is permitted to drop the charges at any time if they so choose. If the case goes to court, the jury will only need to come to a majority rather than being unanimous, as they are in criminal cases.

Why Do I Need a Medical Malpractice Attorney in Marietta, GA?

Medical malpractice is a complex area of the legal system. As such, it is extremely difficult for victims to represent themselves in their cases. The court requires that you meet specific criteria to win your claim, and fulfilling these requirements is difficult without a legal professional and experience with these cases.

If you win a medical malpractice claim, the settlement may be significant. The compensation from your claim will cover a myriad of expenses and can easily be upwards of $100,000. With this much at stake, it is important to make a concerted effort to win your case, and the most effective way to do so is with the help of a qualified attorney.

Many medical malpractice victims need time to recover, physically and emotionally, from the incident, but medical malpractice claims progress quickly. It is important that you focus on your health and recovery and eliminate unnecessary stressors from your situation. One main way to do that is with the help of an attorney.

Do not leave your medical malpractice scenario to chance. Trust the team at Barnes Law Group with your personal injury claim.

Negligence in a Medical Malpractice Claim

Proving negligence is key to medical malpractice cases, so it is important to understand the basics of negligence. Medical professionals’ obligations do not mean that patients always like the outcomes that they get from the doctor, nor do they guarantee that a medical professional can fix the problem. Rather, they guarantee that the medical professionals will do everything they can and not cause unnecessary further damage.

Negligence in medical malpractice is an intentional action that harms a patient. It is also considered medical malpractice when the medical professional fails to perform basic services for a patient. Examples include:

• Failing to administer basic hygiene practices to a dependent, inpatient individual
• Operating on the wrong patient
• Operating on the wrong limb
• Leaving surgical equipment in the body cavity
• Failing to diagnose a disease despite clear signs that would be obvious to the doctor’s peers
• Diagnosing a disease despite insufficient evidence
• Prescribing the wrong medication or dosage
• Filling a prescription incorrectly

In all these scenarios, the medical professional fails to meet the expectations of their job to the detriment of the patient.

The expectations of a given medical professional depend on their years of experience, position, and focus. In many cases, such as failure to diagnose and diagnosing without proper evidence, the court compares the defendant’s choices with the choices that others at the same level would make. This comparison helps to determine if the doctor was just inexperienced or if they acted negligently.

What To Do If You Experience Medical Malpractice in Marietta, GA?

If you believe that you or a loved one has been the victim of medical malpractice, there are a few steps that you can take to begin the legal process and preserve your claim. Every situation is different, so if you are unsure of how to proceed, contact an attorney from Barnes Law Group right away.

Your first objective when creating a medical malpractice claim is to keep or obtain records of your care. This includes noting any interactions you have with the alleged offender, as well as any other information that may be related. Making notes with dates and times can help your attorney to create a timeline for your claim.

If you can, take photos of any visible injuries that you sustain, such as bedsores, cuts, or bruises. These injuries can fade, leaving you without evidence of what you have endured. If you can, have another medical professional note your injuries in your chart or records.

Do not speak with lawyers or insurance companies following the medical malpractice incident without your own attorney present. The hospital or medical facility will send qualified professionals to attempt to get you to say something that could jeopardize your claim. Your attorney can make a statement on your behalf to protect your case.

Potential Compensation From a Medical Malpractice Claim

Your settlement from a medical malpractice case will depend upon many factors, including the severity of your injuries and how egregious the offense was. Though it is difficult to determine the potential amount of your settlement without personal details, there are certain factors that the court will consider when determining how much you deserve from the defense.

Your compensation from a medical malpractice claim should include the following:

• Compensation for medical bills associated with the offense and resulting injuries
• Ongoing care, if needed
• Support for time spent off work to heal
• Vocational retraining or disability resources if the offense caused permanent injuries
• Pain and suffering, in extreme cases

Generally, the more severe the offense or the resulting injuries, the more you can expect to receive from your settlement.

Wrongful Death in Medical Malpractice

The medical system is powerful, and negligence or mistakes on behalf of a professional can have devastating consequences. Unfortunately, this means that victims of medical malpractice do not always survive the abuse.

In these cases, the families of the deceased have the opportunity to file a wrongful death claim. These claims function similarly to personal injury claims but are filed by the family of the victim instead of the victim.

The settlement from a wrongful death claim may cover the following:

• Medical bills associated with the accident that the victim accrued before they died
• Funeral and burial expenses
• Lost income
• Support for the deceased’s dependents

Though this compensation cannot undo the pain that a family suffers after an unexpected death, it can allow a family the time to properly grieve their loved one. With major expenses covered, many families can better process their feelings surrounding their loved one’s death.

Finding a Lawyer for a Medical Malpractice Case

There are a few considerations that you should make before you hire an attorney for your medical malpractice case. These factors can help you to find the right medical malpractice lawyer for you and your unique scenario.

The most important factor in a qualified attorney is their experience. You should try to find a professional with specific experience in cases like yours, not just in personal injury or even medical malpractice claims. You should find an attorney who has cases with details that match yours, as they will act as a vital resource throughout your case.

Medical malpractice claims put victims in a vulnerable position. You will have to talk about your experiences at length and see pieces of evidence that may trigger difficult emotions. As such, it is important that you trust your attorney. You should be able to speak openly with your attorney and feel supported and heard by your legal representation.

Finally, it is important to explore an attorney’s prices before officially hiring them. Every firm charges differently for its services, and being unable to afford your attorney’s rates can result in a lapse in representation and vulnerability for your claim. It is worth your time to discuss rates with any potential attorneys to avoid any problems with your case.

Statute of Limitations

In Georgia, the statute of limitations for medical malpractice claims is two years. This means you have two years after the offense occurs to make your case. However, it is important that you take action much sooner if you can. If you wait, key evidence may be lost, and it may be difficult or impossible to prove that the defendant is guilty.

The defendant’s attorney may attempt to argue that you sustained injuries from another situation and that you are blaming it on their client to avoid responsibility and get financial support. The longer you wait to file your claim, the more valid this argument will seem to the judge and jury. It is to your advantage to act quickly so that the defense cannot successfully argue that you sustained the injury from something else.

However, it is important to remember that some conditions are not detectable right away. The harm that results from medical malpractice can take weeks, months, or even years to manifest as symptoms. If you believe that new symptoms are the result of medical malpractice from many years ago, it is still worth talking to an attorney. There may be action that you can take if the disease or condition is slow to progress, but the medical professional is still irrefutably responsible for it.

FAQs

Q: What Constitutes Medical Malpractice in Georgia?

A: In Georgia, medical malpractice is any improper or destructive behavior brought on by a medical professional that results in injury or death. That can be medical, dental, or cosmetic. It can be nursing home care, surgical care, incorrect prescriptions, wrongful treatment, or anything under the medical umbrella.

Many medical malpractice suits are settled out of court, as the last thing medical professionals want is their name at the center of a medical malpractice lawsuit. If you believe you are a victim of medical malpractice, reach out to a lawyer and start building a case. You may be entitled to compensation and could possibly stop an incompetent medical professional from hurting others.

Q: Does Georgia Have a Cap on Medical Malpractice?

A: In short, yes and no. There are two main types of damages you can seek in a medical malpractice case: Economic and non-economic. Georgia does not have a cap on economic damages, which is largely financial damage akin to medical expenses, lost wages, disability care, and any physical therapy you may need, among other things.

Non-economic damage is emotional damage brought on by the malpractice case, like mental anguish, emotional distress, and bodily pain and suffering. Georgia has a $350,000 cap on noneconomic damages against a single entity. The cap is $700,000 if the case is against multiple entities.

Q: How Do I Prove Medical Malpractice in Georgia?

A: There are five essential steps to proving a medical malpractice case in Georgia:

1. Establish a Relationship: In order to prove that medical malpractice happened, you must first prove your existing relationship with the medical professional at fault. This can be established via medical records and billing statements.
2. Establish a Care Standard: Now, you must establish a standard of care that every medical professional should abide by and prove how the one you are suing deviated from that acceptable standard.
3. Prove Negligence: Now that you’ve established a care standard, you must prove that your medical professional was negligent in providing you with that care. This can be proved by misdiagnoses, surgical errors, and incorrect medication prescriptions.
4. Prove Cause: Now, you have to prove that your medical professional directly caused an injury that led to the malpractice case.
5. Prove Damages: Now, you have to prove just how much damage that injury has caused to your life and why you are seeking compensation in court.

Q: What Four Things Must be Proven in a Medical Malpractice Case?

A: In order to successfully argue medical malpractice in a court of law, four essential elements must be proven by your attorney:

1. A professional duty owed to the patient at hand
2. A willful or accidental breach of that duty
3. An injury was caused by that breach of duty
4. The patient is owed damages caused by that injury.

All four of these elements go hand in hand in proving that a medical professional is the root cause of an underlying injury of a patient and they are responsible for compensating that patient for their pain and suffering. Your attorney can help you build a timeline of events that explains all four of these elements in your case.

Contact Marietta Medical Malpractice Lawyer Today

During our many years of combined experience in this field, our team has represented clients in a variety of medical malpractice scenarios. Our wide range of experiences and cases offer a distinct advantage to our current clients and help us to build stronger, more convincing cases for the court.

We are passionate about protecting the rights of our clients and firmly believe that no one should be able to harm another person without consequences. As a victim, you should not have to pay for a situation that was not your fault.

For more information about our firm or to schedule a consultation to begin your claim, contact Barnes Law Group today.