When we receive medical attention, we expect the professionals who treat us to use their knowledge, skills, and experience to provide appropriate care that meets industry standards. We place our lives in their hands and hope they will honor that trust. But sometimes, negligent providers make mistakes that have devastating consequences for patients – mistakes that rise to the level of medical malpractice.
If you suffered a preventable injury or illness due to improper medical care, the lawyers at Butler Kahn could pursue a malpractice claim on your behalf. Our Atlanta medical malpractice attorneys understand how a botched procedure can affect you, your family, your livelihood, and your quality of life – and we believe you deserve to be compensated accordingly. That’s why we work hard to hold bad actors accountable, whether that means doctors, nurses, dentists, or hospitals themselves.
Contact Butler Kahn today to speak with one of our experienced Atlanta medical malpractice lawyers. We will review your case for free and can start pursuing justice at no upfront cost to you.
What Is Medical Malpractice?
Medical malpractice is when a medical provider – such as a doctor, nurse, or healthcare facility – fails to provide an appropriate level of care, resulting in harm or injury to the patient. Crucially, the care must be different than what a provider of similar experience and background would have provided under the same circumstances.
What Are Some Types of Medical Malpractice Claims?
Under Georgia law, a medical malpractice claim arises when a healthcare provider offers “health, medical, dental, or surgical services” or any “diagnosis, prescription, treatment, or care” that causes preventable harm to a patient. In this context, a medical provider could be a public or private hospital, a nursing home, a clinic, or any employee of these institutions.
Common examples of medical malpractice claims include the following:
- Delayed diagnosis
- Failure to treat
- Surgical error
- Medication error
- Birth injury
How Do I Know I Have a Valid Medical Malpractice Claim?
You could have a medical malpractice claim if a healthcare provider acted negligently in treating you and caused you harm. Under Georgia law, healthcare providers must provide a “reasonable degree of care and skill.” Failure to do so is negligence.
That means you could have a malpractice claim if a doctor, nurse, hospital, or other healthcare provider behaved in a way that isn’t up to par with the services of similar providers and consequently hurt you. An attorney can review your case to better determine your ability to file suit.
Do I Still Have a Case If I Signed Consent Forms Before My Procedure?
Usually, the fact that you signed a consent form before your procedure does nothing to prevent you from pursuing a medical malpractice claim.
The purpose of a consent form is to inform patients of the risks of particular procedures or treatments and to obtain their informed consent. However, signing a consent form does not excuse a provider from their responsibility to provide a reasonable standard of care or follow established medical protocols. That means you could still file a medical malpractice claim if you suffered harm because of a medical provider’s negligence, with or without a consent form.
Will I Need to Request My Medical Records from the Hospital?
To pursue a medical malpractice claim, you need proof of your medical history, the care or procedure you received, the provider’s actions, and your resulting condition. Your medical records usually contain all this information, so you must request your medical records from the hospital or appropriate medical provider.
This is particularly critical in Georgia, where the law requires you to include an affidavit (a sworn statement) from an expert witness when you file your lawsuit. Within the affidavit, the witness (usually a medical expert) must identify at least one negligent act or omission committed by the provider – and they’ll need to review your medical records closely to do so.
The process for obtaining medical records differs from facility to facility. Your attorney can help you identify important records and submit prompt requests for copies of the appropriate documents.
Who Would I File My Medical Malpractice Claim Against?
Under Georgia law, victims of medical malpractice may file claims against the following entities:
- Nursing home aides
- Institutions that employ negligent providers
What Is the Georgia Statute of Limitations for a Medical Malpractice Claim?
Georgia’s statute of limitations law says that a victim has two years from the date of injury to file a medical malpractice lawsuit against a negligent provider. In cases involving foreign objects left in the body, victims have one year after discovering the foreign object to file their claim.
However, the specific circumstances of your claim could affect how long you have to act. An Atlanta medical malpractice lawyer can review your case and help you meet any relevant deadlines.
What Damages Can I Get for My Medical Malpractice Claim?
By filing a medical malpractice claim, you can seek damages in the form of financial compensation for losses like:
- Hospital and doctor’s bills
- Physical therapy
- Prescription costs
- Medical devices
- Lost wages and benefits
- Loss of earning capacity
- Household services
- Physical and emotional pain
- Mental anguish
- Loss of enjoyment of life
- Loss of society and companionship
- Loss of consortium
Contact an Atlanta Medical Malpractice Lawyer
If you are reading this page because you or a loved one has been hurt due to medical malpractice, we hope you are receiving the qualified medical care you need to recover properly. We also hope you’ve found the information on this page helpful. If you’d like to talk with us about your situation, call us or contact us online. There is no charge to discuss your case with our compassionate team.