MEDICAL MALPRACTICE IN ATHENS, GEORGIA

Medical Malpractice Causes and Facts

According to recent estimates, each year, approximately 22,000 people in the U.S. die because of medical providers’ errors or oversights. While terminally ill individuals account for the majority of these preventable deaths, an estimated 7,150 previously healthy individuals die in the U.S. each year because of medical negligence. That number is still far too high. 

Some common causes of medical malpractice include:

• Poor management and monitoring of medical conditions
• Erroneous diagnoses
• Surgical errors

In many other cases, patients suffer harm because of medical errors but survive those injuries. The complications can be severe and debilitating, and additional medical procedures such as surgeries, medication, or rehabilitative care could be necessary to overcome or deal with the results of the medical negligence.

Regardless of whether the result is death or harm, these events can cause severe emotional, physical, and financial hardship for the victims and their families. If you believe that you suffered harm because of a medical provider’s errors, you should consult with an experienced attorney that handles medical malpractice cases in Athens.

Proving Negligence in a Medical Malpractice Case

Doctor-Patient Relationship And Duty Of Care

Suppose you wish to bring a case for medical malpractice against a physician or other practitioner. The first thing you will have to prove is that you had a doctor-patient relationship with that physician. If the doctor is someone who is treating you in a formal setting, then the doctor-patient relationship is likely established, and that medical practitioner owed you a duty of care, meaning they were obligated to use reasonable care when treating you. It is important to realize that, if you took casual advice from someone in a non-medical context, such as from a friend or acquaintance who happened to be a doctor, you probably do not have a doctor-patient relationship and that person likely did not owe you a duty of care.

Negligence

Next, you have to show that the doctor was negligent. Proving negligence in a medical malpractice case can be tricky, as you might not fully understand the technical, medical issues that led to your injury. These cases will often heavily rely on an expert witness who can evaluate your doctor’s actions and provide information regarding how your doctor committed negligence.

Sometimes, a doctor may make a mistake because the medical issue was complicated and not well understood by many doctors in their field of medicine. In this case, your expert witness may need to show that your doctor failed to provide the level of care that other doctors in their field would offer. It is possible that your doctor might not be liable for this mistake if the court determines that other doctors exercising reasonable care may have also made that mistake. For instance, if the doctor who caused your injury is a cardiologist, the expert will compare their level of care to the care that other cardiologists would have applied. If you have a rare heart condition that most cardiologists are not familiar with treating, the court may decide your doctor’s mistake was reasonable and not negligent.

Causation And Actual Damages

Finally, you will need to show that the negligent action caused your injuries and that you sustained actual damages. Actual damages in a medical malpractice case might include:

• Mental anguish
• Physical pain
• Medical bills for fixing or treating complications from the malpractice
• Lost wages if you missed work because of the harm
• Lost earning capacity if your ability to do your job in the future is impacted

These claims can be technical, so it is wise to discuss your injuries with an attorney that has experience in medical malpractice claims.

Currently, Georgia does not have a limit on the amount of damages you can get. However, previously, Georgia had a damages cap on non-economic damages, which are damages that do not have a set monetary value, Courts deemed that cap unconstitutional. Therefore, it’s possible that you could come across references to Georgia’s cap on damages, but it is unlikely that a court would uphold any such limitations. Your damages will likely relate to the severity of your injuries and how those injuries impact your life. Speak to an experienced medical malpractice lawyer that handles Athens caes to discuss damages as they relate to the specific facts of your claim.