Atlanta Medical Malpractice FAQs
1. I am at the hospital now, and I’m worried that the hospital and/or doctor committed malpractice on my loved one. What should I do?
You should ask a lot of questions.
You should ask to meet with the relevant doctor(s) and/or hospital representative(s) to ask them questions. You should specifically ask: (1) What happened? (2) Could the incident have been prevented? (3) Why wasn’t the incident prevented?
Be sure to write down the names of the people you speak with and what they told you because this information could be very important to your case.
It is very rare for hospitals and doctors to admit that they made a mistake. In fact, in all the cases we fight in court, the hospital and doctors deny that they ever did anything wrong even when it’s obvious that they have. So get as much information as you can for now, and we can help you find the truth about what happened.
2. My loved one died, and I think that the healthcare provider’s negligence caused my loved one’s death. Should I get an autopsy?
Yes. It is very important to understand what happened to your loved one. You should have an autopsy performed if you can. Sometimes the hospital or the Georgia Bureau of Investigation will decide to do an autopsy on their own. If you can afford it, you can also choose to have a private autopsy performed. If you did not get an autopsy, that is okay. Although it is ideal to have an autopsy performed, we may still be able to help you with your case even if you did not get an autopsy.
3. Do I have a viable medical malpractice case?
This can be a complicated question that depends on a number of factors. You will need an experienced medical malpractice lawyer to tell you whether you have a viable case.
Sometimes it is not easy to determine whether the case can be pursued. Sometimes it is necessary to get the medical records, research medical textbooks and literature, and/or consult with a physician who is an expert in the field of medicine at issue. This process can take several months so do not wait to call our office.
In order to have a winning medical malpractice case, we must prove that the hospital and/or doctors failed to act within the “standard of care”. “Standard of care” basically means what other “reasonable” doctors or nurses would do in the same or similar situation. We must also be able to prove that this violation in the standard of care “caused” the patient’s injury and/or death. Additionally, there must be adequate damages to justify pursuing the case because of the extraordinary time, effort, and cost associated with fighting these complex, difficult cases in court.
4. What is the time limit for pursuing a medical malpractice case in Georgia?
The time limit for filing a lawsuit is called the “statute of limitations”. In Georgia, the statute of limitations for medical malpractice cases is usually two years from the date of the alleged injury. However, there are some exceptions that could apply to your case so you should consult an experienced medical malpractice lawyer licensed in Georgia to determine whether your case is still viable.
5. Should I take pictures?
Yes. You should take a lot of pictures. You should take pictures of everything that you think is relevant to your case. Photographs of the patient and his or her injuries are very important. However, there may be other things that could be important to your case like pictures of pill bottles, IV bags, the hospital room, the medical device that may have malfunctioned, or even the settings on the medical device.
6. I can’t afford to pay a lawyer. What should I do?
Fighting a medical malpractice case is very expensive and can cost hundreds of thousands of dollars, but don’t worry. We take cases on a “contingency fee” basis. This means we represent our clients for free unless we can get a recovery for them. If we can get a recovery for them, we charge a percentage of the case and have our case expenses reimbursed. If there is no recovery, our clients do not owe anything.
7. Do you handle any other types of cases besides medical malpractice cases?
Yes. We handle all sorts of personal injury cases as long as the injuries are serious. Usually, these cases involve deaths, brain injuries, paralysis, amputations, blindness, or numerous subsequent surgeries. Our expertise in handling complex medical malpractice cases on a regular basis helps us successfully litigate different types of personal injury cases such as catastrophic car crashes; tractor-trailer crashes; serious slip-and-falls or trip-and-falls; and, shootings, rapes, or murders that occur on dangerous properties. Please give us a call to see if we can help you. If we can’t help you personally, we will refer you to one of our trusted co-counsel.