Medical Malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and regulations for medical malpractice vary by country and jurisdiction within countries.
Medical Malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical Malpractice cases are extremely delicate, as they involve multiple parties and can potentially lead to great hardship for an individual. It is best to get as educated as possible on what Medical Malpractice is, so that you fully understand your rights and when to get legal representation involved.
Selecting legal representation is equally as important as understanding what Medical Malpractice. There are specific things that sets this firm apart from other law firms that handle Medical Malpractice Cases. Such as:
- Our ability to better understand what medical intricacies entail.
- We are capable of increasing the ability to maximize medical-care damages.
- Superior ability to respond to unusual or doubtful positions taken by opposing medical experts.
- Enhanced capability of obtaining proper medical records to prepare correspondence with medical experts.
Several things may lead to a client pursuing a Medical Malpractice lawsuit. Some cases are very similar and some are unique to that individual.
The types of medical malpractice cases Attorney Andrew Lynch regularly handles include:
- A medical professionals failure to provide a test necessary to aid in your care;
- Aside from the test itself, a professional may fail to mention to that patient that a test is necessary at all;
- Knowledge of and failure to perform the appropriate evaluation or examination necessary;
- Failure to provide necessary treatment to better help the patient;
- Causing some sort of delay in treatment of a patient;
- Providing the wrong treatment entirely;
- Failure to follow up with previous treatment or improper follow-up to current treatment;
- Misdiagnoses a patient;
- There being a delay in diagnosis of a patient;
- Performing unnecessary surgery;
- Any form of surgical errors;
- Leaving surgical instruments or any foreign objects in the patients’ body;
- A patient suffering infections following surgery;
- Any medical negligence by nurses, assistants, or any medical professional;
- Inadequate staffing, training, or supervision of staff;
- Unqualified persons performing functions beyond or outside of their training onto a patient;
- Prescribing a patient the improper medication;
- Failing to prescribe a patient medication necessary for treatment;
- Failure to refer a patient to a specialist pursuant to their recovery;
- Failure to properly monitor a pregnancy, labor or delivery;
- Failure to inform a patient of benefits of a procedure as well as any potential risks;
- Intentional negligence of any form.
Medical malpractice claims can be made against doctors, nurses, midwives, therapists, chiropractors, technicians, HMOs, hospitals, clinics, and other medical businesses. Any medical professional or affiliate that has been found liable for any of the above-named incidents.
However, much like any other personal injury claim, you must be made aware that there are strict time limits you must meet to file the proper Medical Malpractice lawsuit. These time limits are complex and strictly enforced by the courts, therefore this is something that needs to be handled as closely to the incident date as you can. It is always in your best interest to speak to an attorney as soon as possible.
Before bringing your case to a skilled Medical Malpractice attorney, you may want to be sure that Medical Malpractice has even occurred. There are specific steps you should take once you or your loved one suspects there has been Medical Malpractice.
When you go into a doctor’s office or hospital to be treated for an illness or injury, you expect to come out feeling better. Or at the very least, you expect to find yourself closer to a solution than more problems. Unfortunately, this does not always happen and is quite unpredictable. Medical professionals have a duty to adhere to that not exactly guarantees their patients a full recovery in the event of an injury or illness, but at the very least ensures the best work possible to reach a resolution regarding one’s health; this means exhausting all possible resources. It is unfortunate that sometimes medical professionals make mistakes that cause their patients to get injured, or may even lead to death. If you believe that you or your loved one may be the victim of medical malpractice, you may be entitled to compensation to your damages. A Decatur medical malpractice lawyer can evaluate the details of your case and help you get the compensation you deserve.
Here are the steps you should take next:
Find Another Doctor
If your doctor made an error while treating that resulted in an injury, this is not the doctor you should follow up with in regard to the injury or harm already caused to you. You should find another doctor as soon as possible, and explain to them in as much detail as possible, what may be the matter with your and your health. It is understandable if you do not want to share the previous medical care physician or facility, but do let them know what your health concerns are. Your health is the most important and another doctor needs to correct the mistake the first doctor made. The new doctor will need to reexamine you and may need to review your previous medical records. He or she will concentrate on treating the complications caused by the error and hopefully work more diligently on your issues and come to a resolve the best they can.
Retrieve Medical Records
It is important to request your medical records from any doctor or medical professional you were seen by, and as soon as possible. The records will be one of the most important pieces of evidence for your medical malpractice claim. These documents will contain pertinent information, such as the symptoms you were experiencing, the tests the doctor performed, your doctors notes at their attempt to resolve the matter, and your medical history. For instance, you could have gone to the emergency room because you were experiencing numbness in your arms or legs and trouble walking. Your medical history says that you have a family history of stroke, but the doctor overlooks this information and does not perform tests to see if you’re having a stroke, when you were. This could show that the doctor was negligent because he or she didn’t perform the appropriate tests and did not make note of your family history. This would have saved time, and the simple testing could have potentially changed the outcome of your health. Obtaining medical records is not always an easy process, and you may need assistance here as well. Should you need help obtaining your records from the medical facilities, a Decatur medical malpractice lawyer can help.
Write Down Notes on Your Health
If you believe that your doctor acted negligently while treating you, it is a good idea to write down notes on your health in a journal. Describe the type of symptoms you experience every day and how they have affected your life. Make note of how you felt prior to coming into seeing the medical professional and the process of that feeling during the course of your treatment. If your pain level increased, if it remained the same, if it changed but went back to how it felt initially. All these details matter. For example, if you experience so much pain that you have trouble sleeping at night but you did not have trouble sleeping prior to your visit, you should include that in your journal. These notes can provide great evidence against your medical provider for your medical malpractice case.
Talk to a Decatur Medical Malpractice Lawyer
A medical malpractice claim is not something you want to tackle on your own. It involves many entities and several complexities that the average person might not understand or have the patience to endure while recovering from an injury. That’s why it’s important to schedule a consultation with an experienced medical malpractice lawyer. During the consultation, your medical malpractice lawyer will thoroughly assess your case and advise you the best way to proceed.
When speaking to a Decatur medical malpractice lawyer, be completely honest and don’t leave any details out. The more your lawyer knows, the better he or she can help you. If you have your medical records or other important documents pertaining to your case, you should bring them with you to the meeting. If you have any questions for the medical malpractice lawyer, don’t hesitate to ask them.
If you would like to meet with a Decatur medical malpractice lawyer, contact The Law Offices Of Andrew Lynch, Attorney At Law for a free consultation to find out what legal options you may have.
Remember that there are strict time limits you must meet to file a lawsuit and every second counts. The law ensures that these time limits are strictly followed and enforced by the courts. It is in your best interest to speak to an attorney as soon as possible to see what your legal options are.
Medical Malpractice and Birth Injury in Georgia: FAQs
A Decatur, Georgia medical malpractice lawyer from The Law Offices Of Andrew Lynch knows that medical malpractice and birth injury cases can be emotionally and legally complex. When healthcare professionals fail to provide adequate care during childbirth or any medical treatment, it can result in devastating consequences for both the patient and their family. If you need help following a birth injury case that you suspect was medical malpractice, contact our office for help.
Can a wrong diagnosis during pregnancy lead to a birth injury, and what legal recourse do parents have in such cases?
Yes, a wrong diagnosis during pregnancy can potentially lead to a birth injury, and parents may have legal recourse in such cases. When a healthcare provider fails to accurately diagnose and appropriately manage pregnancy-related conditions, it can result in harm to both the mother and the baby. Some examples of wrong diagnoses during pregnancy that could lead to birth injuries include a failure to diagnose gestational diabetes, misdiagnosing preeclampsia, incorrectly assessing fetal distress, misdiagnosing a birth defect, or delaying a diagnosis of an infection or illness.
What constitutes a birth injury?
A birth injury is a type of medical malpractice that occurs during the labor and delivery process. It involves harm caused to the newborn or the mother due to the negligence or improper actions of medical personnel. Common birth injuries include cerebral palsy, brachial plexus injuries, brain damage, fractures, and other physical traumas. Birth injuries can have long-term or lifelong consequences, impacting the child’s development and quality of life.
What are the time limits for filing medical malpractice and birth injury claims in Georgia?
Medical malpractice and birth injury claims are subject to specific time limits, known as the statute of limitations. Generally, victims have two years from the date of the injury to file a medical malpractice lawsuit. However, in cases involving birth injuries, the statute of limitations may be extended until the child’s seventh birthday if the injury is not immediately apparent. It is crucial to consult with a medical malpractice attorney promptly to ensure compliance with these time limits and preserve your right to seek compensation.
Can I sue multiple parties in a birth injury case?
Yes, it is possible to sue multiple parties in a birth injury case. Depending on the circumstances, liable parties may include the obstetrician, nurses, medical staff, hospital, or other healthcare professionals involved in the delivery. If medical malpractice contributed to the birth injury, each negligent party may be held accountable for their actions or omissions.
How can a Decatur medical malpractice lawyer help in birth injury cases?
A skilled medical malpractice lawyer can provide invaluable assistance in birth injury cases by:
- Investigating the circumstances surrounding the birth to determine if medical negligence occurred.
- Gathering evidence, including medical records, expert testimony, and witness accounts.
- Working with medical experts to establish the standard of care and demonstrate how it was breached.
- Calculating the full extent of damages, including current and future medical expenses, rehabilitation costs, and the emotional toll on the family.
- Negotiating with insurance companies and, if necessary, representing the family in court to pursue fair and just compensation.
If you suspect that a birth injury or medical malpractice has occurred, seeking legal counsel as soon as possible is essential. An experienced lawyer can guide you through the complex legal process, protect your rights, and work diligently to hold negligent healthcare providers accountable for their actions. When you are ready, reach out to The Law Offices Of Andrew Lynch to speak with our trusted Decatur medical malpractice lawyer.
