Medical Malpractice Claims in Atlanta, Georgia
Medical malpractice claims occur when a medical professional makes a negligent mistake while treating a patient. When we seek treatment from a doctor, we do so because we are sick or injured or looking to protect and improve our health. We place a great deal of trust in these professionals. Sadly, medical errors occur more often than many people realize, and when these individuals make a mistake in their professions, the results for the patient can be devastating.
If you were injured because of a doctor or other medical professional’s error, you might have a claim against that provider. At The Moses Firm, our attorneys represent individuals who sustained injuries because of malpractice at their medical providers’ hands. We fight for our clients to receive the compensation and help they need to heal or move on after a case of medical malpractice. Call us today at 404-721-1050 to speak to an experienced Atlanta, Georgia medical malpractice attorney.
Common Causes of Medical Malpractice in Atlanta, Georgia
Depending on the type of medical professional, various mistakes can lead to malpractice claims. Some common forms of medical malpractice include the following:
- An error committed during surgery
- Errors caused by the administration of anesthesia
- Errors caused by prescriptions or medications administered
- Injuries caused during birth
- Misdiagnosis of the patient’s conditions
The injuries and complications caused by any of these mistakes can be life-altering and deadly in the worst scenarios. For the victims and families of medical malpractice, understanding what went wrong can sometimes be difficult. Medicine is a complicated practice, and it is important to have a professional who understands the best way to investigate and pursue a claim.
Against Whom Do I File a Medical Malpractice Claim?
Depending on the situation, you may be filing your claim against a doctor or an entire Medical Group, or a hospital. In other cases, the malpractice could be the result of a defective drug or medical device. In those situations, the right entity against which to file your case could be a manufacturer. It is important to discuss your claim with an attorney to understand the best course of action for recovering damages.
Proving Negligence in an Atlanta Medical Malpractice Claim
Medical malpractice claims involve negligence on the part of the provider. Not every case in which a patient’s treatment is unsuccessful will be the result of malpractice. To hold a medical practitioner liable for your injuries, you must be able to show that the medical provider owed you a duty, breached that duty by failing to use the skill and level of care required by professionals in their field and that the failure caused your injury. It will not be difficult to prove that the provider owed a duty to a patient in most cases. It is more likely that any disputes will be related to whether the provider failed to meet the required duty of care or whether that failure caused injury to the patient. Doctors are not required to be perfect, but they cannot be careless compared to other doctors in the same circumstances.
Medical malpractice claims are heavily fact-specific. Determining whether malpractice took place can be a challenge. Proving liability requires testimony by an expert witness who has medical experience in the relevant field.
Building Your Atlanta Medical Malpractice Case
Because of the technical nature of medical malpractice claims, proving liability will often depend on a great deal of medical records and evidence. Some documents that may be required in your case will include your medical records, even those from before the alleged malpractice, information from medical providers that have treated you, and proof of your injuries, including medical bills related to treatment for those injuries.
Filing a medical malpractice claim in Georgia will require a signed affidavit from an expert. The affidavit must indicate that the expert reviewed the evidence related to your case and is willing to testify that at least one negligent act took place in the course of your treatment and that the act of negligence caused an injury or injuries.
Statutes of Limitations in Atlanta, Georgia
It is important not to wait to file your claim for medical malpractice. The statute of limitations, which is a law that limits how long a person has to file a claim, states that an injured patient has two years from the date of that injury to file in Georgia. In some cases, the statute is extended because plaintiffs will not have reason to discover their injury immediately after the case of malpractice. The statute of repose provides five years in which a person may file their claim if they could not have reasonably discovered their injury or related their injury to the malpractice within the two-year statute of limitations. To learn more about your limits on filing a claim, contact an Atlanta, Georgia medical malpractice attorney.
Call The Atlanta, Medical Malpractice Attorneys at The Moses Firm Today
The attorneys at The Moses Firm have experience handling complicated medical malpractice claims. Our attorneys are ready to advocate on your behalf and fight for the compensation to which you are entitled. Call us today at 404-721-1050 for a consultation with one of our dedicated Atlanta, Georgia medical malpractice attorneys.