As a patient, you are entitled to get proper treatment and high-quality medical care from healthcare facilities. But when you suffer complications due to the actions of negligent medical experts, then that is where medical negligence and malpractice comes in.
Identifying medical malpractice can be difficult. Medical malpractice occurs when a health care provider fails to provide the required level of care, resulting in injury or death. According to a 2016 John Hopkins study, medical errors are the third leading cause of death in the U.S. and result in the death of 250,000 people each year.
Identifying a medical malpractice case involves determining the cause of the injury or death. To determine if a doctor has committed medical malpractice, a doctor does not act with reasonable care and skill in treating you. The doctor must breach their legal duty to “do no harm” and, in turn, cause harm to the patient.
There are many reasons why a doctor may have failed you, including lack of training, improper equipment, or inexperience.
Medical negligence occurs when a healthcare provider makes an error that causes harm to a patient. While medical malpractice is often referred to as the act of causing harm to a patient, medical negligence is different. Medical negligence is when a medical provider is negligent without intentionally harming the patient, but the mistake will lead to a negative effect.
Sometimes, medical negligence may go unnoticed. For example, a doctor might overlook an important sign and fail to order the necessary test. This could have disastrous consequences, such as a life-threatening blood clot.
In other instances, the doctor may have performed well on the rest of the patient’s case but failed to notice some of the patient’s symptoms. Sometimes, the doctor may even dismiss a classic symptom because it was unrelated to the patient’s illness.
When looking for medical malpractice law firms in Athens that specialize in medical malpractice claims, there are a lot of things to consider. The law firm you’re looking for should offer the best ease for their clients, have an experienced medical malpractice attorney backed up by legitimate credentials, and offer budget-friendly contingency fees.
Here are some questions you should ask yourself when considering what law firm to choose:
Level of Comfort – Are you comfortable sharing personal information with the lawyer? Is the lawyer genuinely interested in resolving your issue?
Credentials – How long has your medical malpractice attorney been practicing law? Is the medical malpractice attorney experienced in cases comparable to yours?
Cost – Is the lawyer’s contingency fee higher than other law firms in Athens? Can your lawyer provide you with an estimate of the cost of your case?
The healthcare industry is full of qualified healthcare professionals and medical providers. Doctors are human, and there are bound to be avoidable and unavoidable medical mistakes. In the event that a medical error is made, that medical worker can be subjected to a breach of duty if a patient is harmed. Any individual who suffered harm caused by a medical malpractice issue is considered in violation of their legal rights.
If you suffered a personal injury from a healthcare provider, consult a reputable law firm right away to conduct a thorough investigation of your case. If an injury or wrongful death is proven to be caused by a hospital employee’s error, or the hospital’s medical equipment, then you have a case.
Hold your Athens healthcare professional liable for your catastrophic injury. Take action for the compensation you deserve. The Brown Firm represents clients and handles their legal issues with trust.
Don’t wait – get a free case evaluation from our experienced lawyers today. We know the law, and we want to help you get the compensation you deserve.
After A Medical Injury, You Probably Have A Lot Of Questions.
Here, Our Athens Medical Malpractice Lawyers Answer Some Of Your Most Common Questions.
It is important to understand whether or not your medical malpractice lawsuit settlement is taxable. While the majority of your settlement has tax exemption, certain portions may be taxable.
In such a case, you should consult a professional for guidance. To determine if your particular settlement is taxable, check with your state’s tax code. A medical malpractice attorney will be able to guide you through the process.
First, consider whether you will be receiving compensation for your emotional distress. If you receive an award for pain and suffering, the amount will be taxable. Incurred medical expenses, on the other hand, would be tax-free.
Discuss your options with your medical malpractice lawyer to ensure that you receive the most tax-friendly settlement.
When a doctor falls short of the acceptable standards of care expected of them, it is considered medical malpractice in Athens. This could involve misdiagnosing a condition, giving the wrong prescription, or conducting surgery improperly.
In other words, it is the standards of care anticipated of medical professionals working in a related field. A doctor who breaches the duty of care may be held accountable for any losses brought on by their carelessness.
Economic losses (such as missed pay) and non-economic losses are both included in the term “damages” (such as pain and suffering). The plaintiff must demonstrate that the defendant did not treat the patient with reasonable care and skill.
Additionally, the plaintiff must demonstrate that the defendant’s actions fell short of what qualified professionals practicing in the same specialty would have done in the same situation. Contact The Brown Firm right away if you think a medical error caused your suffering.
Medical malpractice lawsuits are often challenging to win because the plaintiff must show that the doctor’s negligence caused injury or damage to the patient. This makes these cases especially difficult to win for the average patient.
Unfortunately, even the most knowledgeable medical professionals can make medical mistakes, and sometimes, they are unaware of the consequences of their actions.
While medical malpractice lawsuits may seem like a last resort, there are essential steps towards compensation for your suffering. The damages that you can recover can include lost wages, medical bills, and pain and suffering. A medical malpractice suit against a negligent doctor can also serve as a wake-up call for future doctors.
In recent years, one of the highest medical malpractice settlements in the United States was awarded to a woman whose unborn daughter was born with cerebral palsy. In 2010, California doctors failed to properly deliver her child and then tried to cover it up by falsifying medical records. The lead physician failed to assess contractions, chose not to perform an episiotomy, and did not use forceps during delivery resulting in the infant suffering from cerebral palsy. The family was awarded $74.5 million.
Another case in which a Florida man, Allan Navarro, went to the emergency room because he thought he had suffered a stroke but was sent home with opioids and a misdiagnosis of sinusitis. He even told doctors that his family has a history of strokes. He returned to the hospital a day later, needing emergency surgery. Once an athlete, Navarro is now paralyzed and confined to a wheelchair, where he requires total care. The jury awarded him $216.8 million in compensatory and punitive damages.
Whether you suffer from a chronic illness or an unexpected injury, medical malpractice cases often involve a doctor’s negligence or incompetence. To establish medical malpractice, you must be able to prove that your doctor’s actions caused you harm. This usually requires the help of an expert medical witness.
In many medical malpractice cases, a competent physician could have identified your condition sooner or made a different diagnosis, leading to a better outcome. Misdiagnosis is a common medical malpractice claim that can arise when a doctor fails to diagnose a medical condition. The claim may even include damages for medication or treatments prescribed when diagnosed with the incorrect disorder.
Surgical procedures and medical treatments where a medical professional fails to follow the accepted standards of patient care, causing harm to a patient are also common. All surgical procedures are a risk, but there is a difference between known and acceptable surgical complications and medical errors. Your lawyer must prove that you suffered because of a medical error, which is something that could have been preventable.
Childbirth is a subcategory of the above. If an obstetrician fails to diagnose a condition or fails to induce labor if the baby is in distress. Some of these mistakes can be the cause of birth injuries, such as shoulder dystocia, cerebral palsy, or a ruptured spinal cord.
Drug errors are also common and affect 1.5 million people a year.
A medical malpractice claim must have evidence to support it, including the existence of a doctor-patient relationship and a causal connection between the health care provider and the injury. Moreover, injuries caused by negligence must be sufficiently severe to justify a medical malpractice claim.
For the best chance of a successful recovery, you should speak with a personal injury attorney that focuses on medical malpractice claims if you were hurt as a result of medical carelessness. You can file a claim against the negligent doctor, hospital, or healthcare provider with the assistance of a personal injury legal company, which can also assist you in getting the most money possible for your losses.
The initial step is to file a lawsuit. Calling The Brown Firm’s skilled professionals for a free consultation in Athens, Georgia is the most effective approach to do this.
Harry Brown isn’t your average trial lawyer. Besides graduating from John Marshall Law School and passing the bar in Georgia, he earned a Doctor of Chiropractic from Parker College of Chiropractic. He was a practicing chiropractor for 10 years.
Chiropractors don’t just learn how bodies work and respond to trauma—they’re also specially trained to see things holistically. This unique perspective helps Harry and his team uncover the truth when investigating cases and understand what their clients really need.
Harry sees accident injuries and the healthcare industry in a way most personal injury lawyers don’t. He brings that empathy to his practice.