Experience
Experience matters. With decades of experience, we know how to uncover the truth about what happened to you or your loved one.
Excellence
Excellence is a core value of The Moses Firm. We strive to deliver excellence in everything we do from beginning to end.
Expertise
We specialize in the most serious and catastrophic medical malpractice cases. From anesthesia errors to birth injuries, no medical malpractice case is too complex for us.
Marietta Medical Malpractice Lawyer
Advocating for Victims of Negligence
At The Moses Firm, we are dedicated to providing exceptional service in every facet of our practice. Our Marietta medical malpractice attorneys utilize their extensive knowledge and proven success in managing intricate medical cases to achieve favorable outcomes for our clients. We understand the critical need for a reliable and detail-oriented advocate in the wake of a distressing event, as errors may be obscured, misinformation spread, and accountability evaded.
If you have been affected by a serious incident, whether it involves medical malpractice, a significant car or truck accident, or any other type of negligence, we are here to help. Our skilled team of personal injury and medical malpractice attorneys is committed to clarifying the complexities of your situation, ensuring the safety and well-being of you and your family. For more information on how our dedicated attorneys can support you during this difficult period, please reach out to The Moses Firm at 404-721-1050.
Ensuring Accountability for Hospitals, Doctors, and Nurses
A study published in 2018 by Johns Hopkins University revealed that medical errors are the third leading cause of death in the United States, following heart disease and cancer. This alarming statistic raises serious concerns about the potential involvement of reputable healthcare institutions and highly trained medical professionals in a substantial number of preventable errors. The ramifications of these mistakes can be severe, leading to tragic outcomes such as fatalities or significant, life-altering conditions, including irreversible brain damage, total paralysis, and the loss of limbs. In light of these grave consequences, it is crucial to investigate the underlying causes of these errors, understand the circumstances that led to their occurrence, and determine whether they could have been avoided.
With extensive experience in handling complex personal injury and medical malpractice cases, our legal team possesses a profound understanding of the standards that define safe and effective medical care, as well as the various factors that contribute to medical errors. We are committed to holding accountable the large hospital systems and healthcare providers responsible for clear and preventable mistakes that compromise patient safety. Our expertise allows us to navigate the intricacies of the healthcare system and advocate for the rights of those affected by medical negligence.
While pursuing a medical malpractice claim against a prominent healthcare institution or a well-respected physician may appear overwhelming, our firm is equipped with the knowledge, experience, and proficiency necessary to guide clients through this complex process. We work in close collaboration with highly skilled physicians across the country, who are passionate about patient advocacy and are instrumental in educating juries on the benchmarks of safe and high-quality medical care. If you find yourself in need of legal support, we encourage you to reach out to The Moses Firm, where our Marietta medical malpractice attorneys are ready to provide complimentary consultations to discuss your case.
The Moses Firm Offers Expert Representation for You
If you believe that you or a loved one has suffered due to medical negligence in Marietta, it is crucial to consult a reliable and seasoned medical malpractice attorney in the area. You require an expert who understands Georgia law and possesses the necessary expertise and local connections to assist you effectively. Many victims of medical malpractice mistakenly choose attorneys from other states to manage their cases in Georgia, but these out-of-state lawyers may not be familiar with the specificities of Georgia law and could lack the local resources needed to secure optimal outcomes for your situation.
The esteemed medical malpractice attorneys at The Moses Firm in Atlanta, Georgia, boast a proven track record of success. We will thoroughly assess every facet of your case, both from a legal and practical standpoint, at no cost to you, to evaluate its viability. Should we find your case to be valid and choose to represent you, there will be no upfront fees. The Moses Firm will cover all expenses related to your case, and you will only be responsible for legal fees and litigation costs if we secure compensation on your behalf.
Types of Medical Malpractice Cases
Anesthesiologists and other healthcare professionals are responsible for ensuring patients can breathe safely during and after surgeries and medical procedures. Errors like not administering anesthesia safely, failing to monitor patients properly, ignoring breathing difficulties, not having a safe anesthesia plan, or not addressing airway issues promptly can lead to severe brain injuries or even death. Families affected by such incidents should investigate potential misconduct.
Medical malpractice often occurs during labor and delivery, especially when labor is induced with medications like “Pitocin” or “Oxytocin” to speed up delivery. Incorrect use or poor monitoring of these medications can cause serious harm, such as reduced blood flow to the baby, leading to permanent brain damage or death. In these situations, it’s crucial to seek help from a skilled medical malpractice lawyer who specializes in birth injury cases.
Medical malpractice can occur when urgent medical conditions are not diagnosed and treated promptly. Patients with common symptoms of serious conditions like heart attacks, strokes, cancers, or infections might be sent home without treatment if healthcare providers fail to recognize the signs. Timely diagnosis and treatment are vital to prevent permanent harm or death, so those affected should consult with experienced medical malpractice lawyers.
Nurses must adhere to the “5 Rights” of medication administration: the right medication, patient, dose, route, and time. Errors such as giving the wrong medication, administering excessive doses, or using improper routes can cause significant harm. Victims of these errors should seek guidance from seasoned medical malpractice lawyers for a comprehensive investigation.
Surgical errors, such as operating on the wrong body part, leaving surgical tools inside patients, performing unnecessary surgeries, or damaging vital organs, can have life-altering or fatal consequences. Surgeons must anticipate potential complications and avoid preventable mistakes to protect patients’ well-being.
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Skilled Medical Malpractice Lawyers Serving Marietta, GA
Medical malpractice arises when healthcare professionals, including doctors, nurses, or hospitals, fail to meet the established standards of care, acting in a manner that is not reasonably expected within their field while treating patients. In Georgia, these standards are legally required (O.C.G.A. § 51-1-27). The standards of care are clearly outlined in medical and nursing education, found in recognized textbooks, professional guidelines, hospital protocols, peer-reviewed studies, and readily available online resources. These standards are essential for delivering high-quality patient care and minimizing the risk of preventable harm. A deviation from these standards, referred to as a breach or violation, that leads to patient injury is classified as medical malpractice or negligence.
Do I Have A Medical Malpractice Case?
Determining whether a medical malpractice case is viable requires careful consideration of various legal and practical factors unique to each situation. Consulting with a Marietta medical malpractice attorney is essential to evaluate the potential success of your case.
To assess the viability of a medical malpractice claim, it’s crucial to gather and review relevant medical records and possibly involve expert medical professionals to examine the situation and identify any medical errors. The respected legal team at The Moses Firm offers free consultations to evaluate your case, including covering the costs of expert reviews if necessary.
Legally, winning a medical malpractice case in Georgia requires proving several key elements: the existence of a duty (standard of care), a breach of that duty by the healthcare provider, a causal link between the breach and the injuries, and the resulting damages suffered by the patient.
Establishing the duty involves showing that the healthcare provider had a responsibility to follow a standard of care suitable for the circumstances. Expert witnesses, often practicing medical professionals, help define this standard based on customary practices within the profession.
A breach of duty occurs when the healthcare provider’s actions differ from what a reasonable provider would do in similar situations. However, proving a breach alone is not enough; causation must also be established, showing that the breach directly led to the patient’s injury.
In a medical malpractice case, causation is proven by a preponderance of the evidence, meaning it is more likely than not that the negligence caused the injury. Damages, including both economic and non-economic losses, must also be demonstrated, typically involving severe or life-altering injuries.
For a medical malpractice case to succeed, the plaintiff must have suffered an actual injury. Typically, these cases involve severe or life-altering injuries such as death, brain damage, paralysis, or limb amputations. In Georgia, damages are categorized into economic and non-economic. Economic damages cover medical expenses, lost wages (both past and future), and funeral expenses. Non-economic damages include compensation for pain and suffering, lasting effects of injuries, disfigurement, permanence of the injury, and/or loss of life.
Medical Malpractice Blog
The Cover Up is Real
In situations involving significant medical errors, it is essential for healthcare professionals and institutions to swiftly, openly, and thoroughly inform the patient and/or their family about the incident, a requirement often outlined in hospital policies. Alarmingly, there have been many cases of medical malpractice where healthcare providers engage in misleading tactics. These tactics can include altering medical records, withholding critical information, fabricating diagnoses, and shifting responsibility onto the patient’s existing health issues. Furthermore, they may hide electronic communications like emails, texts, and hospital app logs from the patient’s medical documentation. Additionally, they frequently adopt aggressive legal strategies, such as lengthy court battles and the use of prominent expert witnesses, to evade responsibility.
These strategies are unfortunately widespread among large hospital systems, resulting in infrequent admissions of wrongdoing and equitable settlements following medical malpractice cases. If you or a family member has experienced medical malpractice, it is essential to seek the assistance of an experienced and tenacious medical malpractice attorney. They can advocate for your rights, urging healthcare providers to acknowledge their responsibilities. By standing up for your loved one, you contribute to enhancing healthcare safety in your community.
Given the considerable challenges, dedication, and inherent unpredictability associated with initiating a medical malpractice lawsuit, it is crucial for your case to undergo a thorough assessment by knowledgeable medical malpractice attorneys. This evaluation should address both legal and practical aspects. These experts consider various elements, including the viability of your case, the severity of the medical mistake, the degree of injury and damages incurred, jurisdictional factors, your medical background, pre-injury health condition, and the importance and impact of the resulting pain and suffering, along with other pertinent considerations.
If you are dealing with a medical malpractice issue in Marietta, it is crucial to consult with a knowledgeable and reputable local attorney who specializes in medical malpractice and understands Georgia law, as well as having strong ties within the local legal network. Many victims of medical malpractice make the mistake of choosing attorneys from outside the state, often unaware that these lawyers may not be well-versed in Georgia’s specific legal nuances and could lack the necessary connections to achieve the best results for their cases. The distinguished team at The Moses Firm in Marietta provides free assessments of both the legal and practical aspects of your situation, ensuring a comprehensive evaluation of your case’s potential.
If your situation aligns with our representation criteria, The Moses Firm will represent you at no cost, taking care of all case-related expenses and eliminating any financial risk for you. You will only be responsible for attorneys’ fees and litigation costs if we successfully obtain compensation on your behalf. If you have any questions about the medical treatment you or a family member received, please reach out to the experienced and reputable Marietta medical malpractice attorneys at The Moses Firm. We are committed to offering you the support and guidance you need.
Given the complex nature of medical malpractice claims, seeking guidance from experienced attorneys is crucial. They consider various factors, including the strength of the case, the severity of the error, the extent of the injury, and its impact on the patient’s life, to determine the best course of action.
Reach Out to A Marietta Medical Malpractice Lawyer Today
The Moses Firm is dedicated to ensuring your safety comes first. Our experienced team of medical malpractice attorneys in Marietta is ready to provide you with support and representation. Reach out to us at 404-721-1050 for a free consultation and learn how we can help you or your family member.
You have questions, our highly-rated medical malpractice lawyers have answers.
First and foremost, you should consult an experienced medical malpractice lawyer in Georgia to determine whether you have a viable medical malpractice case. The trusted, experienced, and proven Atlanta medical malpractice lawyers and attorneys at The Moses Firm can help you determine, for free, whether you have a viable case.
There are many legal and practical considerations that must be taken into account to determine whether you have a viable medical malpractice case.
Legally, there are four essential elements of a viable medical malpractice case in Georgia. They are (1) duty; (2) breach of duty; (3) causation; and (4) damages.
In addition to the necessary legal requirements of a viable medical malpractice case, there are also many practical considerations that an experienced medical malpractice lawyer will need to evaluate when deciding whether they can represent you. Being able to prove the four legal elements above alone are not the only factors that must be considered because medical malpractice cases are very difficult cases to pursue and win.
If you are worried that you or a family member are a victim of medical malpractice, you should request the medical records as soon as possible.
Many patients and families have a difficult time obtaining their medical records because (a) they just don’t know how to get them or (b) if they have requested their medical records, they cannot get the hospital to send them.
In order for a top medical malpractice law firm in Georgia to evaluate your medical malpractice case, you should have a (1) COMPLETE; (2) CERTIFIED; (3) COLOR; and (4) PDF copy of your medical record.
Federal law specifically requires hospitals to provide you the medical records in the form and format you want them. Federal provides states that the hospital “must provide the individual with access to the protected health information in the form and format requested by the individual, if it is readily producible in such form and format.” 45 C.F.R. § 164.524(c)(2)(i).
Be sure to make a specific request for a “complete, certified, color, PDF-copy” of your medical record. You can copy and paste these specific instructions in your medical records.
1. Ask doctors and nurses what happened.
Ask the doctors and nurses what happened, why it happened, and whether it could have been prevented.
2. Take notes.
It is important to take notes to remember who you spoke with, when you spoke with them, and what they told you. This information could turn out to be very important to you and your family in a medical malpractice case.
3. Take videos and pictures.
When there is a serious medical error, it is important to document with videos and pictures the patient’s condition and injury as well as any important information that may be available in the patient’s room.
4. Get an autopsy, if possible.
When there is an unexpected death, it is very helpful to have an autopsy. An autopsy will help you and your attorney understand what happened and help you thwart any baseless excuses that the defendants may try to argue in a case.
5. Request the medical records.
You will need to get a copy of the (1) certified (2) complete (3) color (4) PDF-copy of the medical records. The electronic/PDF-copy of the medical records from a hospital should only cost you approximately $6.50.
6. Hire an experienced Atlanta medical malpractice lawyer with a proven track record.
Medical malpractice cases are very difficult cases to win. Although many lawyers advertise for medical malpractice cases, many do not have the experience, expertise, or track record to handle these cases competently.
1. Waiting too long to investigate your case.
In Georgia, there are laws called statutes of limitations. These law create time limits within which a medical malpractice cases must be filed in Court. Although there are some exceptions, the statute of limitations is two years from the date of the alleged injury or death in Georgia.
2. Hiring a lawyer who is not experienced in handling medical malpractice cases.
It is critical to hire a lawyer who understands the medicine, can debate doctors, and knows when Defendants are making up baseless defenses. If the defense can get away with lies and half-truths and sell a defense that is not founded in the facts or science, they will do so to defend themselves.
3. Hiring a lawyer who is afraid or unwilling to try a case.
Your lawyer must be prepared and ready to try your case if your case needs to be tried. If your attorney is unwilling or afraid to try your medical malpractice case, it could negatively impact the outcome of the case.
4. Hiring an out-of-state lawyer for a Georgia medical malpractice case.
Many out-of-state lawyers advertise for cases in Georgia. Every state’s law are different, and Georgia lawyers know Georgia the best. There are nuances in Georgia law that could have a serious impact on your case if they are not well understood or handled properly.
5. Trying to Handle a Medical Malpractice Case On Your Own.
As mentioned earlier, medical malpractice litigation is wrought with pitfalls. There are special rules that apply. There are complex medical issues vigorously debated. Defendants make up arguments not based in fact or science. There are important strategic decisions that have to be made. Because of these complexities, it is critical to hire an experienced medical malpractice lawyer with proven results for their clients.