Whenever a doctor fails to meet the professional standard of care, they can be held liable for their actions. This can include a doctor who makes an error during surgery or fails to properly diagnose a condition.
An Atlanta medical malpractice lawyer can help you hold negligent doctors for their actions. With the help of a dedicated injury attorney, you may be able to recover compensation for your injuries and get justice for your injuries.
Understanding Medical Malpractice
Medical malpractice is the failure to provide medical care in accordance with the standard of care or what is ordinarily accepted in the field under similar circumstances. In order to prove that malpractice occurred, a lawyer must be able to prove that a healthcare professional had a duty of care they owed to their patient, they breached that duty, and that the breach of duty resulted in an injury and damages.
Some of the most common instances of malpractice that result in claims are failures to diagnose a condition, surgical errors, or sepsis are common types of medical malpractice cases. As long as there was a mistake or error in violation of the standard of care, a person may have a viable claim.
Who Is Liable for Malpractice?
Any medical provider who breached the standard of care can be held liable for their actions. In addition, the employer of the medical provider can also be held liable. However, proving liability in a medical malpractice claim can be complicated due to the unpredictability of medicine and the necessity of using experts to prove a claim.
Consent Forms and Liability
Signing a consent form prior to medical treatment does not bar a person’s medical malpractice case, though it may lay out potential risks that could occur and thus be a document the defense relies on in contending the person was aware of the known risk of the procedure. However, just because the risk is a known risk does not mean malpractice did not occur. If the resulting injury is not something that was consented to or the injury is the result of the provider’s failure to act in accordance with the applicable standard of care, a doctor can still be sued regardless of whether there was a consent form.
Economic, noneconomic, punitive all may be available in a medical malpractice case. Economic damages include medical expenses and lost wages while noneconomic damages include compensation for pain and suffering. Punitive damages are damages meant to punish the responsible party for egregious behavior and are therefore only available in extreme cases. It is also important to note that there is no cap on damages in medical malpractice cases in Georgia, other than the general $250,000 cap on punitive damages.
Calculating damages can be difficult. The recoverable medical expenses are the value of any medical bills resulting from the malpractice. For lost income, the calculation is based on establishing an interrupted pattern of income. For example, if someone is unable to work. The extent and duration of the pain and suffering the person experienced is also compensable in a comprehensive claim. Ultimately, the jury will be tasked with calculating the damages to award.
Reach Out to an Atlanta Medical Malpractice Attorney
Medical malpractice cases have very specific legal requirements that must be met and timing is critical. An experienced attorney can help an individual preserve, investigate, and pursue a potential medical malpractice case. To learn more about how an Atlanta medical malpractice attorney can help you, call today for a free consultation.