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.
Georgia Medical Malpractice Attorney
Delivering Excellence for Over 60 Years
At The Moses Firm, we’re devoted to delivering excellence in everything we do.
With our vast experience and expertise in handling complex cases, we strive to get the best results for our clients. We recognize the importance of having a dedicated and detail-oriented advocate by your side in the aftermath of a tragic event. Unfortunately, mistakes often get buried, false information spreads, and those responsible evade accountability.
If you’ve been impacted by a tragic incident like medical malpractice, a severe car or truck accident, or any form of negligence, we’re here to assist and stand by you. Our team of seasoned personal injury and medical malpractice attorneys are committed to uncovering the facts of what happened and ensuring you and your loved ones are safeguarded. To discover more about how our dedicated attorneys serving the state of GA can assist you during this challenging time, please don’t hesitate to reach out to The Moses Firm today at (404) 721-1050.
Ensuring Accountability for Medical Errors
A study from Johns Hopkins University in 2018 found that medical errors are the third leading cause of death in the United States, trailing only heart disease and cancer. It’s unsettling to think that respected healthcare institutions and highly qualified doctors could be responsible for such a significant number of preventable mistakes. These errors can result in grave consequences, from loss of life to life-altering injuries such as permanent brain damage, paralysis, and limb amputations. In such instances, it’s crucial to understand what went wrong, why it happened, and whether it could have been prevented.
As legal professionals specializing in personal injury and medical malpractice cases, we bring decades of experience to the table. We have a profound understanding of the standards for safe and effective medical care and the factors contributing to medical errors. We are prepared to take on large hospital systems and healthcare providers who shirk responsibility for obvious and preventable mistakes.
Our team collaborates with expert physicians nationwide who are committed to advocating for patients and educating juries about the standards of medical care. While pursuing a medical malpractice case against a major healthcare entity or a respected physician may seem daunting, we have the expertise and skills to guide you through the process. If you need assistance, don’t hesitate to reach out to The Moses Firm, where our Georgia-based medical malpractice attorneys offer free consultations.
Representing You with Expertise
If you suspect that you or a loved one has been a victim of medical malpractice in GA, it’s essential to seek guidance from a knowledgeable and experienced local attorney who understands Georgia law intricately. Many victims of medical malpractice make the mistake of hiring out-of-state lawyers, who may lack familiarity with Georgia’s legal nuances and may not have the necessary connections to secure the best outcome for your case.
At The Moses Firm in Atlanta, GA, our respected and experienced medical malpractice attorneys will evaluate the legal and practical aspects of your case at no charge. If we determine that your case is viable and choose to represent you, there will be no upfront costs. We cover all expenses associated with the case, and you only pay attorneys’ fees and litigation expenses if we successfully recover compensation for you.
Types of Medical Malpractice Cases
Medical malpractice occurs when healthcare providers fail to meet the expected “standards of care” for patient treatment, as required by Georgia law. These standards are well-established through medical education, textbooks, guidelines, hospital policies, and other sources. Failure to adhere to these standards, resulting in injury, constitutes medical malpractice.
Common instances of medical malpractice include:
Anesthesiologists and other healthcare providers need to make sure that patients can breathe safely throughout surgeries and medical procedures. Failure to administer anesthesia safely, inadequate patient monitoring, neglect of breathing problem warning signs, absence of a secure anesthesia plan, or ineffective and delayed response to airway issues can lead to severe brain injuries or death. Such incidents shouldn’t occur, and families should look into these cases to see if there’s any wrongdoing.
Medical errors often happen during childbirth. One common scenario involves inducing labor using a medication like “Pitocin” or “Oxytocin” to speed up contractions. This medication is considered high-risk because improper administration or insufficient monitoring can lead to serious harm. Sometimes, too much medication is given, causing excessive contractions that reduce blood flow to the baby. Without prompt intervention or a cesarean section, the baby may suffer brain damage or even death due to oxygen deprivation. Surviving babies might be diagnosed with “hypoxic ischemic encephalopathy” and may develop cerebral palsy, leading to lifelong challenges, missed milestones, and pain. If you’re in this situation, it’s crucial to seek help from a skilled medical malpractice attorney experienced in handling birth injury cases.
Medical errors often happen during childbirth. One common scenario involves inducing labor using a medication like “Pitocin” or “Oxytocin” to speed up contractions. This medication is considered high-risk because improper administration or insufficient monitoring can lead to serious harm. Sometimes, too much medication is given, causing excessive contractions that reduce blood flow to the baby. Without prompt intervention or a cesarean section, the baby may suffer brain damage or even death due to oxygen deprivation. Surviving babies might be diagnosed with “hypoxic ischemic encephalopathy” and may develop cerebral palsy, leading to lifelong challenges, missed milestones, and pain. If you’re in this situation, it’s crucial to seek help from a skilled medical malpractice attorney experienced in handling birth injury cases.
Nurses are required to adhere to the principles of medication administration known as the “5 Rights,” ensuring that the correct medication is administered to the correct patient, in the precise dosage, via the correct route, and at the designated time. Examples of medication errors include administering the wrong medication to a patient, resulting in serious harm; administering an excessive dosage of a medication. Regrettably, such errors are not uncommon and can lead to significant injuries. If you have experienced such an incident, it is crucial to have your case thoroughly investigated by a seasoned and reputable medical malpractice attorney.
Errors can occur during surgical procedures. Occasionally, surgeons may operate on an incorrect body part, inadvertently leave instruments inside the patient, perform unnecessary surgeries, or inadvertently harm critical body parts that must be safeguarded to prevent severe outcomes such as amputations. These avoidable medical mistakes, lacking in rationale and preventability, can lead to profound and even fatal repercussions. Hence, it is imperative for surgeons to anticipate potential complications beforehand and steer clear of such preventable errors.
Meet Our Attorneys
We would like to be your friend, your voice, and your advocate.
Dedicated Medical Malpractice Attorneys Serving the State of Georgia
Determining whether you have a valid medical malpractice case involves considering several legal and practical factors. Every case is unique, so it’s essential to consult with an experienced medical malpractice attorney in GA, who can evaluate the specifics of your situation.
To assess the viability of your medical malpractice case, we need to obtain and review your relevant medical records. This review might involve consulting expert physicians or nurses to help identify any medical errors. The seasoned lawyers at The Moses Firm offer free consultations to evaluate your case without any cost to you. If necessary, they may also cover the expenses of having your case reviewed by an expert. Don’t hesitate to reach out for assistance.
Legally, to succeed in a medical malpractice case in Georgia, a lawyer must prove that (1) the healthcare provider had a duty or standard of care; (2) The provider violated or breached that duty; (3) most likely, that breach of duty caused injuries; and (4) this negligence resulted in the patient suffering actual injuries and damages.
In a medical malpractice case, the individual bringing the lawsuit, usually the patient, is required to demonstrate that the healthcare provider, whether it be a doctor or a nurse, had a specific obligation to either take certain actions or refrain from taking certain actions. This obligation is commonly referred to as the “standard of care.” Essentially, this entails that the level of care and proficiency provided by the healthcare provider must meet the expectations within the profession under similar circumstances.
Establishing this standard of care often involves the testimony of expert witnesses, typically practicing doctors or nurses, who are called upon by your legal representatives specializing in medical malpractice cases in Atlanta. These experts provide insights into what actions an ordinary and reasonable healthcare provider would undertake given the circumstances in question.
To put it simply, it comes down to determining what any competent healthcare provider would do when faced with similar circumstances. This process aids in assessing whether the defendant healthcare provider acted negligently or not, in accordance with the legal standards outlined in statutes such as O.C.G.A. § 51-1-27 and Georgia Suggested Pattern Jury Instructions – Civil 62.300.
When a healthcare provider fails to meet the expectations of an ordinary and reasonable healthcare provider in a similar scenario, it constitutes a breach of duty or departure from the standard of care. Simply demonstrating this breach or deviation from the standard of care is insufficient to establish a valid medical malpractice case. Additionally, you must also substantiate the other necessary elements for a successful medical malpractice claim.
In order for a medical malpractice case to be valid, it’s necessary to establish causation. This means that the breach of the standard of care must have directly caused or contributed to the patient’s injury. Unlike the “beyond a reasonable doubt” standard used in criminal cases, causation in medical malpractice cases must be proven by a “preponderance of the evidence” since it’s a civil matter. Essentially, this means that a jury must be convinced by a “more likely than not” standard that the negligence resulted in the patient’s injury. Under Georgia law, the jury doesn’t need absolute certainty; they only need to be at least 50.1% confident that the negligence caused or contributed to the injury. It’s important to note that in Georgia, negligent action or omission doesn’t have to be the sole cause of the injury; there may be other factors involved. What matters is that negligence played a significant role in causing the injury.
For a medical malpractice case to be valid, 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 two main types: economic and non-economic. Economic damages encompass medical expenses, lost wages (both past and future), and funeral costs. Non-economic damages include compensation for pain and suffering, the long-term effects of injuries, disfigurement, the permanence of the injury, and/or loss of life.
Given the complexities and risks involved, it’s essential for anyone considering a medical malpractice claim to seek evaluation from experienced attorneys. These legal professionals assess various factors including the strength of the case, the severity of the medical error, the extent of the injury and resulting damages, the jurisdiction of the case, the patient’s medical history, and the impact of the injury on their life.
The Truth Concealed
When serious medical mishaps occur, an unspoken commitment exists within the medical fraternity—an obligation to promptly, truthfully, and fully disclose any errors to patients or their families. Hospital policies typically mandate such transparency. Yet, shockingly, numerous medical malpractice instances have come to light wherein hospitals and physicians resort to deception and cover-ups.
They tamper with medical records, omit crucial details, fabricate nonexistent conditions to deflect blame from actual errors, and even point fingers at patients’ pre-existing conditions. Secret exchanges via emails, text messages, and hospital communication apps further muddy the waters, hidden from patients’ official medical records. Employing tenacious defense attorneys, they prolong legal battles, hoping for the patient’s demise or conceding. Expert witnesses, often highly esteemed medical professionals, craft false narratives to evade culpability, fostering doubt in juries’ minds. Regrettably, these deceptive tactics pervade the healthcare landscape, with virtually all major hospital systems employing them without exception.
Instances of hospitals or doctors admitting fault and promptly seeking amicable settlements with affected parties following medical malpractice are exceedingly rare. If you or a loved one falls victim to medical negligence, engaging a seasoned medical malpractice attorney becomes imperative. By doing so, not only do you advocate for justice for your family member, but you also contribute to fostering safer healthcare practices within your community.
Navigating the intricate landscape of medical malpractice demands clever legal evaluation.
Attorneys meticulously assess case strength, the gravity of errors, resulting damages, jurisdictional factors, patients’ medical histories, and the intangible toll of suffering endured. For residents of Georgia grappling with medical malpractice concerns, entrusting your case to a proficient medical malpractice lawyer versed in Georgia law proves paramount. While some opt for out-of-state representation, such choices often overlook the nuances of state laws and lack the local connections necessary for optimal outcomes. The Moses Firm, distinguished for its trusted, seasoned, and accomplished attorneys, offers complimentary case evaluations, scrutinizing legal and practical dimensions to ascertain viability.
Upon acceptance of a viable case, The Moses Firm extends representation at zero upfront cost, covering all litigation expenses. Fees and expenses only become payable upon securing a favorable outcome. For those pondering the quality of medical care received by themselves or loved ones, reaching out to The Moses Firm’s skilled Georgia medical malpractice lawyers proves invaluable.
Contact the Georgia Medical Malpractice Lawyers at The Moses Firm Today
At The Moses Firm, we’re committed to ensuring patients’ safety. Our team of medical malpractice lawyers in Georgia is prepared to support and fight for you. Contact us today at 404-721-1050 for a complimentary consultation to discover how our firm can assist you or your loved one.
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.