Questions about Medical Negligence

Atlanta, Georgia

What is medical negligence?

Medical negligence occurs when a health care professional or a medical facility makes an error resulting in injury or death to the victim. Any treatment, lack of treatment, or deviation from accepted standards of medical care causing harm to you or a loved one can be considered medical negligence.

What types of medical errors are commonly made by health care professionals?

Some of the most common errors committed by medical professionals include:

Misdiagnosis or failure to diagnose a condition
Surgical errors
Medication errors
Emergency room errors
Failure to anticipate a problem
Improper treatment
Failure to perform adequate follow-up appointments

The courts will evaluate the medical professional’s actions compared with what a competent and careful medical professional would have done in the same situation when assessing whether or not the actions in question constitute negligence.

Who do I sue?

Medical negligence claims are generally filed against doctors, nurses, hospitals, and other medical professionals responsible for delivering your health care. Often, more than one party can be held liable for your injuries. For example, if you suffered an injury because a hospital employee was not properly trained in the use of medical equipment, the employee and medical facility can be held liable for your injuries.

What do I need to prove in order to recover compensation in a medical negligence claim?

In order to receive compensation, your medical negligence lawyer must prove three things:

Liability – The medical professional or medical facility failed to provide treatment commensurate with acceptable standards of care put forth by the medical community. You will need expert testimony from a medical professional in order to demonstrate this negligence.
Damages – You must demonstrate that you have suffered an injury or other comparable damages as a result of the medical professional’s negligence. Your attorney will need to quantify the extent of your damages monetarily in some way, such as by presenting medical bills and projections for lost income.
Causation – You must demonstrate that your damages were directly caused by the medical professional’s negligence.

What damages can I recover?

If your medical negligence case is successful, you may be entitled to recover damages for:

Medical expenses
Loss of past and future earnings
Future medical care related to the injury
Pain and suffering

When should I take action in my medical negligence case?

It is important to consult an experienced medical negligence attorney as soon as possible. There are filing deadlines which must be met in order for your claim to be pursued. Also, the success of your case depends on the ability of your lawyer to compile the proper evidence necessary to prove negligence. Often, medical records are “lost” or tampered with in an attempt to avoid liability, and over time, witnesses may not accurately remember the details of the incident. It is important for your attorney to start gathering evidence while it is still fresh.

Please contact the Atlanta medical negligence lawyers at Robbins & Associates today to schedule your free initial consultation. We serve clients in Atlanta, Georgia.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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