What is Medical Malpractice?

Doctors and medical institutions are required by law to provide the best treatment and care to their patients, delivered without negligence and in a safe and professional environment. If medical professionals fail to uphold this duty, and harmful results occur due to a medical error, you may have a malpractice case. Medical errors can hinder healing, lead to subsequent health problems or even endanger your life. Medical errors can occur as errors in diagnosis, dosing of medication, management of health, aftercare, treatment or equipment. Regardless of the error’s nature, malpractice cases should not be overlooked. For your own sake and for the sake of other patients who may later become victims of the same malpractice, it is important to seek justice. Both medical institutions and doctors face severe repercussions if they are found to be perpetrators of medical malpractice. They often attempt to hide their wrongdoing in order to avoid liability and loss of reputation. There is a possibility doctors may not tell you the entire truth. It is also possible that the hospital staff, your doctor, and the insurance company will try to convince you to not sue, accept lesser compensation, or outright deny your claim. You must remember that your health comes first, and the health of those around you may be affected based on your action or inaction. If you believe you have been the victim of a medical malpractice case, call our Duluth medical malpractice lawyers right away to see what steps must be taken.

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What are the Difficulties of a Medical Malpractice Lawsuit in Duluth?

Malpractice cases are complicated and time-consuming. The process is lengthy, so you must have patience and confidence when you decide to file a claim. Although the lawsuit is challenging, the payoff and justice are worth the hassle. Additionally, you may help other potential victims avoid the situation you went through. Among the issues imposing difficulties in such lawsuits in Duluth are legal limitations on maximum recovery amounts in medical malpractice cases. These are called damage caps, and although there is no legally established maximum cap in the state of Georgia, there is a limit of $250,000 on punitive damages, with few exceptions. Regarding medical bills and lost wages, there are generally no limitations. However, the issue is the Statute of Limitations because it can pose problems starting a medical malpractice case. You do not need to worry when collaborating with our medical malpractice attorneys. They understand the law thoroughly and know exactly what is required. Consider this, about 21% or more of all patients receive some form of negative care. It is time to fight this!

What is the Statute of Limitations in Duluth? 

In the state of Georgia, there is a statute of limitations on medical malpractice claims. This means plaintiffs only have a certain period of time in which they can file a claim for their personal injury. Once this statutory period has passed, you cannot seek legal action. In Duluth, Georgia, victims of medical malpractice have two years from the date of the incident to file a compensation claim. However, there is an exception for cases when the cause of injury or wrongful death is unknown immediately after receiving medical care. In these instances, the victim may file a claim within a period of two years from the date of the discovery. Regardless of the date of injury discovery, in Duluth, Georgia, there is a five-year statute of limitations. This means regardless of any factors, a medical malpractice compensation claim cannot be filed more than five years after the act that caused the injury. The statute of limitations also differs for minors and some other situations. If you are unsure which category you fall into or if you are entitled to compensation, contact us today and discuss the details of your case with a medical malpractice lawyer. Find out immediately if you can file a claim.

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Types of Medical Malpractice

Medical malpractice lawsuits are based upon allegations of a professional providing care acting irresponsibly, resulting in physical, mental, and financial harm. For such a complaint to become a case, certain criteria must be met, This includes proof of personal injury. In this respect, there are many varied cases that fall under medical malpractice lawsuits as follows:

Operating Room Errors

The operating room should be one of a hospital’s most organized and sterile workplaces. However, there are several errors that can occur and even put your life at risk. These include surgical mistakes such as operating on the incorrect person or on the incorrect surgical site, forgetting an instrument inside the patient, damaging an organ during surgery, administering the wrong anesthesia, and more. These errors have severe consequences for the patient’s integrity and can even lead to death.

Medication Errors

If you have been prescribed the incorrect prescription that has caused you further personal injury, you may file a malpractice case. Medical experts are responsible for the prescriptions they administer and are held liable when they are faulty.

Birth Injuries

Because of a medical error, a perfectly healthy fetus may suffer injuries as a newborn baby. Some of the most common birth injuries are caused by the use of forceps, the baby contracting an infection, improper monitoring of oxygen levels, and incorrect information in the medical records. This medical negligence can lead to minor or severe conditions in some cases, such as paralysis or even premature death. Also, many procedures come with risk. According to the law, failure to obtain informed consent from parents or legal guardians can present the cause of malpractice. Our lawyers can help you navigate these issues and devise a plan of action to receive the compensation you need for your baby’s personal injury.

Misdiagnosis occurs in two ways, and both can produce injuries with serious consequences.

The first, diagnostic failure, occurs when a doctor overlooks the patient’s symptoms and their personal injury and fails to provide a correct diagnosis. In this case, the disease progresses untreated and can have catastrophic results. The second category is misdiagnosis, which occurs when the doctor misdiagnoses and starts treatment for something other than what the patient is suffering from. Administering the wrong medication might weaken the body and add further injuries. Regardless of the diagnostic error, the perpetrators should be held accountable, and you should contact a lawyer to file a claim. Our attorneys at The Pendergrass Law Firm in Duluth work on a contingency basis to give our clients who have been injured due to medical malpractice the justice they deserve. Call us today and have a free initial consultation with our lawyers. 

Discuss Your Case With the Lawyers From The Pendergrass Law Firm in Duluth

Malpractice lawsuits are complicated and highly complex, which is why at The Pendergrass Law Firm we have lawyers who specialize in the field and understand exactly how to approach the case. We are here to help you and bring justice to your side. Your health comes first and should not be neglected. If you believe you have been the victim of medical malpractice, do not hesitate to contact us for a free initial consultation with a professional lawyer!

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Medical Malpractice FAQ

Will My Medical Malpractice Lawsuit Settle In or Outside the Court?

Most medical malpractice cases in Duluth are settled out of court due to the fact that both the doctor involved and their insurance company will want to mitigate their own legal exposure. However, some cases do not settle this way, and it is necessary to go before a jury. If a settlement covering all of your damages cannot be reached, our medical malpractice attorney is prepared to defend your rights in court. In such situations, your case will inevitably go to trial.

How Long Does it Take to Settle a Medical Malpractice Lawsuit?

The amount of time it takes for a Georgia medical malpractice lawsuit to settle depends on the details of your case. A malpractice attorney will help you build your case, collect evidence, and prepare the necessary paperwork for your lawsuit.

How Do You Prove Malpractice in Georgia?

To prove that a hospital or healthcare worker acted negligently, you need to establish that they owed you a duty of care, and that they breached that duty of care. Secondly, you need to prove that their negligence resulted in your injury, and that you sustained damages.

Is Medical Malpractice Common in Georgia?

Not all medical patients report their instances of medical negligence. Some may even be completely unaware. However, in Georgia, between 250,000 to 440,000 deaths occur annually due to medical malpractice.

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