We trust doctors, nurses, pharmacists, and other healthcare workers with our most precious possession: our health and well-being. While an overwhelming majority strive to provide the best possible care to heal you when you are sick or injured, mistakes caused by negligence are increasingly common. When a healthcare provider’s negligence or failure to provide the proper care causes an injury or additional suffering, you are entitled to compensation. At The Fitzpatrick Firm, our medical malpractice attorney is unafraid to hold those responsible for your suffering accountable, and we are dedicated to helping you get the settlement you deserve.
Understanding Medical Malpractice in Atlanta
Medical malpractice is an incredibly complicated area of personal injury law and navigating this area requires a great deal of experience and knowledge. In Georgia, four key elements must be present in order for a court to determine if malpractice occurred.
The healthcare professional or provider was charged with caring for you or seeing your medical needs. For example, your primary care physician, a nurse assigned to care for you during a visit to the emergency room, or a pharmacist filling your prescription all have a duty to provide you with a standard of care.
Dereliction of Duty
Malpractice occurs when a healthcare professional is derelict in their duty to provide you with a standard of care that is the same level as other providers in the field and aligns with recognized medical standards. Common examples include:
- Injuries during childbirth;
- Failure to diagnose
- Lack of follow-up care
- Prescription errors
- Surgical errors
- Unnecessary surgery
- Release from care too soon
- Failing to take the patient’s medical history
- Disregarding patient information
Once a dereliction of duty occurs, a serious illness or injury must result. If a healthcare provider acted with negligence, but you didn’t suffer long-term effects or severe complications, this would not be considered medical malpractice. Damages include:
- Inability to work
- Long term disability
- Chronic pain
- Emotional distress>
- Significant medical costs
- Ongoing care and treatment
Finally, it must be proven that the ill effects or injuries suffered were directly attributed to the dereliction of duty.
These four criteria must be met in order to receive damages, a monetary award, for your injury.
Choosing the Right Medical Malpractice Attorney for Your Case
Determining and proving medical malpractice can be incredibly challenging and expensive. Insurance companies handling claims on behalf of the doctor or hospital are aggressive in the defense of their clients in order to prevent paying out settlements. Making it even more challenging, a medical malpractice lawsuit in Atlanta cannot move forward without an affidavit from a physician attached to the complaint. You’ll need a qualified medical expert working on your side before your case can even go to trial.
At The Fitzpatrick Firm, we have a team of experienced medical malpractice lawyers who can help you understand your case and determine how much it’s worth. Just as important, we aren’t afraid to take your case in front of a jury because we work with medical experts who can provide insight into your records and help us hold negligent providers accountable for your pain and suffering. We have a dedicated team with the resources to fight on your behalf and secure maximum recovery for your case.
For more information on Medical Malpractice cases or claims, read our Medical Malpractice FAQs.
Schedule a Free Consultation with a Malpractice Attorney Today
If you or a loved one are in need of consultation in regards to a potential medical malpractice claim, please contact The Fitzpatrick Firm and one of our Medical Malpractice attorneys will call you immediately.