Atlanta Medical Malpractice Lawyer

Key Highlights

  • Medical malpractice is when a medical professional (doctor, hospital, etc.) makes a mistake that causes injury or death to a patient. 
  • Georgia has laws that allow victims of medical malpractice to claim damages; however, there are strict deadlines and proof requirements for making these claims. 
  • The process of proving medical negligence or medical malpractice requires expert eyewitness testimony, extensive investigation, and knowledge of medical standards. 
  • An experienced Atlanta Medical Malpractice Attorney Atlanta can assist victims of preventable medical errors by ensuring hospitals and insurance companies are held accountable. 
  • Evans Injury helps victims of medical malpractice in Atlanta and throughout Georgia on contingency basis without any upfront payment.

What Is Medical Malpractice in Georgia?

Many patients in Atlanta are unaware that Georgia’s effective legislative safeguards for medical malpractice cases afford them specific and significant legal protections should they suffer injuries due to the negligent actions of either a physician, medical facility or other licensed healthcare providers. Many patients believe that a poor medical result was simply a “bad outcome” or feel that the hospital will fix or resolve the error without any further action being taken by them. However, medical malpractice claims are governed by a variety of statutes and rules, which mandate strict compliance, and a failure to comply with these established procedures can result in lost monetary compensation, unpaid medical expenses, and ongoing financial difficulty.

My name is Franklin R. Evans. I assist families by helping them seek justice against an organization as a result of a preventable accident. Most of my clients are surprised to discover that hospitals and insurance companies frequently deny or downplay even the most obvious cases of medical malpractice. You are not alone in your confusion, uncertainty, or frustration.

At Evans Injury Attorneys, we are committed to informing victims about the impact of medical negligence, helping victims identify the source of medical errors and holding them accountable to provide appropriate care. By working with a knowledgeable attorney, you can ensure that your claim for malpractice is thoroughly investigated and you can challenge or counteract any delays in receiving a fair settlement and receive the best possible outcome.

What Is Medical Malpractice in Georgia?

Medical malpractice can occur when any health care provider is negligent (fails to meet the accepted standard of care) and that negligence causes harm or injury to you.

Under the laws of Georgia, medical negligence does not necessarily constitute poor outcomes and is defined as medical errors made by a provider that could have been avoided if that provider had been competent to produce the same outcome under similar circumstances.

Among them:

  • Delayed diagnosis or misdiagnosis 
  • Surgical errors 
  • Errors in Medication 
  • Injury during childbirth 
  • Failure to treat and/or monitor 
  • Negligent care by the Emergency Room

Your Case Will Be Evaluated By An Experienced Medical Malpractice Attorney In Atlanta GA And Will Determine If The Injury Was A Result Of Inadequate Treatment, Rather Than Simply If You Experienced An Injury.

Is Medical Malpractice Common in Atlanta?

Unfortunately, yes.

As reported by the Johns Hopkins Medicine data, the most common reason for death in the U.S. is due to medical errors. Each year, the hospitals across Georgia and especially the ones in the Metro Atlanta area experience many thousands of adverse medical events.

Most patients do not know that the majority of these acts of medical negligence will never be reported. Research indicates that only 15% or less of the most significant medical errors are disclosed formally.

This is why a person should seek out an experienced Atlanta Georgia medical malpractice lawyer in their time of need. Medial malpractice cases rarely resolve on their own, thus the assistance of an attorney is essential.

What Types of Medical Malpractice Cases Do Atlanta Lawyers Handle?

At Evans Injury, we represent clients in all major categories of medical negligence, including:

Surgical Errors

  • Wrong site surgery 
  • Retained surgical instruments 
  • Post operative infections 
  • Anesthesia errors

Diagnostic Errors

  • Cancer misdiagnosis 
  • Failure to diagnose stroke or heart attack 
  • Delayed diagnosis leading to worsened outcomes

Medication Errors

  • Incorrect dosage 
  • Wrong medication 
  • Dangerous drug interactions

Birth Injuries

  • Cerebral palsy 
  • Oxygen deprivation 
  • Shoulder dystocia 
  • Failure to monitor fetal distress

Hospital & ER Negligence

  • Failure to admit 
  • Delayed treatment 
  • Inadequate staffing 
  • Charting errors

These cases are handled by medical malpractice lawyer Atlanta Ga with access to medical experts and investigative resources.

What Kind of Lawyer Do I Need for Medical Malpractice?

If you are seeking compensation for your injuries, it is crucial to work with a lawyer who specializes in medical malpractice.

Many lawyers who handle personal injury lawyer medical malpractice atlanta ga cases do not handle medical malpractice cases. Medical malpractice cases require the following:

  • Expert Medical Testimony 
  • Affidavits of Merit 
  • In-Depth Knowledge of Georgia’s Medical Malpractice Laws 
  • Experience Litigating Against Hospitals and Insurance Companies

At Evans Injury, our medical malpractice lawyers in Georgia take this area of law seriously; our dedication to preparing all cases as if they were going to trial demonstrates our commitment to ensuring that clients receive the compensation they deserve.

How Do You Prove Medical Malpractice in Georgia?

To prove a case of medical malpractice in Atlanta, four elements must be established:

1. Duty of Care

There was a doctor-patient relationship.

2. Breach of the Standard of Care

The health care provider did not perform his or her responsibilities as a competent health care provider would have performed his or her responsibilities under similar circumstances.

3. Causation

The act or omission of the health care provider was the direct cause of the plaintiff’s injury.

4. Damages

The plaintiff suffered damages (monetary or otherwise), such as medical bills, lost wages, pain and suffering, or even death.

Causation is typically the most difficult thing to prove. Many times hospitals will argue that the injury was inevitable or pre-existing. Experienced Atlanta medical malpractice attorneys and medical professionals offer assistance with proving causation.

What Are the “4 C’s” of Medical Malpractice?

The “4 C’s” provide a practical model for attorneys:

  • Care: What level of care was owed? 
  • Competence: Did the provider act with competence? 
  • Causation: Was harm caused by the error? 
  • Consequences: What damages were caused?

Using these four guideposts leads to a successful medical malpractice lawsuit lawyer Atlanta.

Who Can Be Held Liable for Medical Malpractice?

Georgia has laws regarding medical malpractice and liability that may include entities outside of individual doctors.

These entities can include:

  • Other healthcare providers, like a nurse or nurse practitioner 
  • An anesthesiologist 
  • A pharmacist 
  • Hospitals and/or healthcare systems 
  • Emergency rooms/urgent care facilities

Skilled medical malpractice attorneys located in Atlanta, Georgia will find all the defendants responsible for the malpractice for you to receive maximum recovery.

What Damages Can You Recover in an Atlanta Medical Malpractice Case?

Victims of medical negligence may pursue compensatory damages, including:

Economic Damages

  • Past and future medical bills 
  • Lost wages 
  • Reduced earning capacity 
  • Rehabilitation and long-term care costs

Non-Economic Damages

  • Pain and suffering 
  • Emotional distress 
  • Loss of enjoyment of life 
  • Loss of consortium

Georgia does not have limits on economic damages, and previous caps on non-economic damages were ruled unconstitutional, which means that having an experienced lawyer represent you is even more important.

What Is the Statute of Limitations for Medical Malpractice in Georgia?

Generally Speaking:

  • Your case must be filed within two (2) years of your injury/discovery. 
  • Your case must be filed within (5) five years of your injury, even if you do not discover it until later.

There are a few limited exceptions for Minors or if there is a Foreign Object remaining in the body.

If you wait until after these time limits have passed, your claim will be permanently barred, which is why it is crucial to retain a Medical Malpractice Attorney in Atlanta as soon as possible.

Is It Worth Suing for Medical Malpractice?

Yes, if the injury resulted in long-lasting effects that would result in experienced disability or even passing.

Because medical malpractice requires a considerable amount of resources in order to successfully prosecute, reputable firms will put significant effort into evaluating the claims they take on. Evans Injury Law Office represents clients only when we have a clear demonstration of negligence and claims that are significant enough to warrant litigation.

A strong case can provide:

  • Financial security 
  • Accountability 
  • Closure

How Much Do Medical Malpractice Lawyers Cost?

The majority of medical malpractice attorneys in Atlanta provide services on a contingency fee basis.

This Means:

  • You Do Not Have to Pay an Upfront Fee 
  • You are Not Charged on an Hourly Basis 
  • You will only be charged if you recover Compensation

In all cases, attorney fees are set by statute and discussed with your attorney at your first meeting.

What Are the Odds of Winning a Medical Malpractice Lawsuit?

Medical malpractice litigation is complex yet may be navigated successfully.

Success factors:

  • Medical Document. 
  • Expert Witnesses. 
  • Law Firm Expertise

Additionally, collaborating with a reputable medical malpractice attorney in Atlanta will substantially enhance the likelihood of a successful resolution.

How Much Can You Sue for Medical Malpractice in Georgia?

There is no fixed amount. Case value depends on:

  • Severity of injury 
  • Lifetime medical needs 
  • Lost income 
  • Impact on quality of life

Some Atlanta malpractice cases resolve for six or seven figures. Others are smaller but still meaningful.

How to Find the Best Medical Malpractice Lawyer in Atlanta Ga

When researching the best Atlanta medical malpractice lawyers, look for:

  • Proven malpractice experience 
  • Trial readiness 
  • Medical expert access 
  • Transparent communication

Evans Injury brings all of these qualities, and a deep understanding of Georgia courts and healthcare systems.

Why Clients Choose Evans Injury

Volume isn’t our business model; rather, we’re careful and selective in the representation of our clients due to the unique nature of medical malpractice requiring this type of detailed attention.

Reasons Why Clients Trust Evans Injury

  • We represent clients with complex medical issues 
  • We utilize elite medical professionals 
  • We prepare each case for a possible trial 
  • We are honest with our clients

The overall purpose of Evans Injury is to protect patients that are victims of medical errors.

Case Study: Holding a Hospital Accountable for a Delayed Diagnosis

By Attorney Franklin R. Evans, Evans Injury

After going to the emergency department several times for neurological problems, a patient from Atlanta, Georgia, contacted our office. The patient’s symptoms (such as dizziness, numbness, confusion) were treated as stress-related and the patient was released without getting any imaging or other evaluations by specialists. A few days after the patient’s discharge, they had a serious stroke which left them permanently impaired in walking.

The patient and their family were distressed because they were uncertain about whether the outcome could have been avoided, and they were worried that the hospital and physician(s) had minimised what had happened.

Our office performed a comprehensive review of the patient’s medical records, the protocols used in the emergency Georgia department, and the notes written by the health care provider. We consulted with independent medical experts to determine if there was a breach of the standard of care, and whether the outcome would have been different had diagnostic testing been performed earlier. We also identified some areas of concern in the triage process, documentation, and discharge processes for this patient.

Result:

Our thorough investigative process in conjunction with experts, demonstrated that the delay in diagnosis resulted in the stroke’s severity. The conclusion resulted in a large financial recovery, enabling the patient and their family to obtain long-term medical care and rehabilitation assistance as well as financial security. Additionally, the result created a mechanism for the healthcare providers involved to be held responsible for their negligence.

Talk to an Atlanta Medical Malpractice Lawyer Today

Medical errors can have far-reaching consequences, affecting not only your physical well-being, but also your finances, family, and future. Promptly filing a lawsuit or claim against a medical professional will allow you to receive compensation, hold the party accountable for their actions, and ensure that your rights are protected under Georgia law.

To speak with Atlanta Medical Malpractice Attorneys at Evans Injury Law Firm about your case today contact them for an immediate consultation. Your case will cost nothing up-front, and you will pay no legal fees unless you are awarded compensation by the other party. This gives you the confidence, clarity and peace of mind needed to proceed with your case.

Call (678) 792-0067 today for a free consultation and get clear answers about your options.

Frequently Asked Questions

What is considered medical malpractice in Georgia?

Medical Malpractice is when a doctor or other medical provider does not follow the acceptable medical standard of care that results in an injured or dead patient.

What kind of lawyer do I need for medical malpractice?

For your medical malpractice case, you need a personal injury attorney that focuses on medical malpractice and knows Georgia’s very strict Laws regarding Medical Negligence.

What is the statute of limitations for medical malpractice in Georgia?

Most medical malpractice claims must be filed within two (2) years after the patient’s discovery of the injury caused by medical malpractice. However, there is a strict five (5) year statute of repose in Georgia.

How much do medical malpractice lawyers cost in Atlanta?

Most medical negligence attorneys in Atlanta use a contingency fee structure. As such, an injured party will not owe any money until they receive a financial payout.

Is it worth suing for medical malpractice?

If the injury or death caused by the injury was serious, or if there is a long-lasting impact, the financial compensation, accountability, and peace of mind obtained from pursuing a claim may provide long-term benefits.

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