What is Medical Malpractice?

Words in magnifying glass -Malpractice Professional negligence

Why Are Medical Malpractice Cases So Difficult?

 Finding a reputable medical malpractice lawyer in Georgia can be a challenging process due to the complexity of both the medical and legal aspects of medical negligence cases. In this blog post, we will explore why it can be so difficult to find the right lawyer, while also covering the different types of medical malpractice and how to navigate the legal process in Georgia.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or surgeon, fails to meet the standard of care, causing harm or injury to a patient. A standard of care refers to the level of care that a reasonably competent healthcare professional is expected to provide in a similar situation. When a medical provider deviates from this standard and causes harm, this is considered malpractice, or medical negligence.

Common types of medical malpractice include:

Misdiagnosis or Delayed Diagnosis

 Misdiagnosis is one of the most frequent and devastating forms of medical malpractice. It occurs when a doctor fails to diagnose a condition correctly or completely overlooks a diagnosis, leading to delayed or improper treatment. In some cases, this can result in a patient’s condition worsening or even becoming fatal.

Surgical Errors

 Surgical errors can be catastrophic and include mistakes such as performing the wrong procedure, damaging surrounding organs or tissue, or leaving surgical instruments inside a patient’s body. Such errors are often avoidable and may violate of the standard of care.

Medication Errors

 Medication errors occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to account for a patient’s allergies or medical history. These mistakes can lead to severe health complications, including permanent injury or death. This this type of error is very common in hospital and nursing home settings where medication reconciliation is not done properly.  It may also be the result of malpractice by a pharmacist.

Birth Injuries

 Birth injuries involve harm done to the mother or child during prenatal care or labor and delivery. Common causes of birth injuries include improper handling of the baby, failure to monitor the baby’s health, or delayed intervention during a difficult delivery. Birth injuries can lead to long-term medical conditions or even death.

These are just a few examples of the broad range of situations that can give rise to medical malpractice claims. However, to successfully pursue a claim, patients must navigate the complex legal and medical landscape that governs malpractice law.

Why is Finding a Medical Malpractice Lawyer So Challenging?

While the idea of pursuing a medical malpractice lawsuit might seem straightforward—after all, if you’ve been harmed by negligence, you deserve compensation—medical malpractice cases are some of the most complex and difficult types of personal injury cases. Here are some key reasons why:

Medical Expertise

One of the primary reasons why medical malpractice cases are so difficult is that they require extensive medical knowledge. Lawyers who handle these cases must not only be skilled in legal strategy but also understand the medical procedures and concepts involved. Some personal injury lawyers may not have the expertise needed to handle complex medical malpractice cases effectively.

Expense

The financial cost associated with medical malpractice cases is another reason why these cases are so challenging. Expert witnesses, depositions, investigations, and the collection of medical records all contribute to the cost of a malpractice case. Hiring qualified medical experts to testify can be extremely expensive—some experts charge as much as $2,000 per hour to review medical records.

Additionally, the cost of gathering evidence, consulting specialists, and possibly hiring additional investigators can create significant upfront expenses for a malpractice lawsuit. Many law firms take these cases on a contingency basis, meaning they only get paid if the plaintiff wins the case. However, even contingency-fee law firms often require substantial financial investment at the beginning of the case to cover expert fees and other expenses.

Strict Legal Requirements

Georgia, like most states, has strict laws and requirements when it comes to medical malpractice claims. One of the most critical requirements is the statute of limitations. In Georgia, medical malpractice claims must be filed within two years of the alleged incident. This timeline can be complicated.  For example, in misdiagnosis cases, “[t]he misdiagnosis itself is the injury and not the subsequent discovery of the proper diagnosis.” Kaminer v. Canas, 653 S.E.2d 691 (Ga. 2007).  This could result in a state of limitations expiring or being almost expired before a patient even knows there was a misdiagnosis. 

In order to pursue a medical malpractice claim in Georgia, the plaintiff must provide an affidavit from a qualified medical expert. Ga. Code 9-11-9.1. This expert must testify under oath that the healthcare provider’s actions deviated from the standard of care, which often requires a highly specialized understanding of the medical field in question. This expert testimony is crucial in proving that the provider’s actions directly resulted in the patient’s injury or harm. If this affidavit is not submitted or is found to be insufficient, the case can be dismissed outright.

Georgia Rule of Evidence 702 has very specific requirements for experts in malpractice cases. For example, in a case involving surgical errors, the lawyer must work with an expert surgeon who has significant experience in the type of surgery involved to establish that the procedure was improperly performed. This requires careful selection of experts, making the process not only legally difficult but also scientifically complicated. 

Strict procedural rules, such as adhering to tight deadlines, submitting the right documents, and ensuring that expert testimony is presented correctly, can further complicate the process for someone unfamiliar with legal technicalities.

Complex and Time Consuming Legal Process

Medical malpractice cases are notoriously difficult to win, primarily due to the burden of proof required. The plaintiff (the patient) must demonstrate that the healthcare provider was negligent and that this negligence directly caused harm. This is not always a straightforward process and involves presenting substantial evidence.

Proving negligence in medical malpractice often requires expert testimony, medical records, depositions from witnesses, and potentially multiple rounds of litigation. The burden of proof is on the patient, but unlike a car wreck case or slip and fall case, that burden can only be met by presenting expert testimony that satisfies the judge.  Ga. Code. 24-7-702 (“Rule 702’). 

The legal process can be lengthy and drawn out. Lawsuits may drag on for months or even years, with multiple motions, pre-trial hearings, and discovery phases. This protracted timeline can be exhausting for patients and families seeking justice, adding a layer of frustration to an already challenging experience.

Limited Availability of Lawyers Specializing in Medical Malpractice

Due to the technical nature of medical malpractice law and the high stakes involved, many lawyers hesitate to take on such cases. A typical medical malpractice claim is lengthy, resource-intensive, and expensive, as it often involves hiring expert witnesses, conducting thorough investigations, and preparing for potentially long court battles.

For this reason, there are fewer lawyers who specialize in medical malpractice, particularly those who are willing and able to take on complex cases. Finding a lawyer who is both qualified and willing to invest the time, resources, and expertise necessary for a successful outcome can be a major challenge.

Moreover, lawyers who handle medical malpractice cases must have a deep understanding of medical terminology and procedures. They also need to be familiar with Georgia’s unique laws surrounding malpractice claims. This specialized knowledge means that not all personal injury lawyers can handle medical malpractice cases—adding to the difficulty of finding the right legal representation.

How to Navigate the Legal Process.

Given the complexity of medical malpractice cases, it’s crucial to approach the legal process carefully and strategically. Here are some steps to consider when navigating this difficult terrain:

Consult with a specialized attorney

 It’s essential to consult with a lawyer who has experience specifically in medical malpractice. Such a lawyer will have the knowledge of medical terminology, procedures, and Georgia’s malpractice laws needed to build a strong case. They will also be able to guide you through the intricate legal process.

Gather all relevant medical records

 In a medical malpractice case, documentation is critical. The more organized and thorough your medical records are, the better. Ensure that you have all records related to your treatment, including hospital records, test results, prescriptions, and communication with healthcare providers. These documents will form the foundation of your case.

Consult medical experts

 Medical experts are vital to any malpractice case. A reputable malpractice lawyer will have access to a network of experts who can provide testimony on whether the standard of care was breached. This testimony can make or break your case, so choosing the right experts is crucial.

Be prepared for a lengthy process

 Medical malpractice cases can take years to resolve, so it’s important to be patient and persistent. You may face multiple legal challenges along the way, and your lawyer will need to prepare for long, complex proceedings. Patience and determination are key to navigating the process successfully.

Conclusion

The process of finding a reputable medical malpractice lawyer in Georgia can be daunting, but with the right approach, it is possible to find an attorney who can help you navigate the complex medical and legal terrain. Medical malpractice cases are difficult not only because of the technical legal requirements but also because of the medical expertise needed and the significant financial resources involved.

Bedsores: Can a GA Nursing Home Be Held Liable?

Elderly woman in nursing home bed.

Bedsores are one of the most common injuries that occur in Georgia nursing homes.  When you place a loved one in a nursing home, it is typically because they can no longer care for themselves and you are not able to provide the care they need. When you choose a nursing home, you are entrusting the nursing home’s administrators and staff with one of the most important duties imaginable: caring for another human being, your loved one.

Finding out that your loved one has developed bedsores can understandably feel like a violation of that trust. In Georgia law, you may have a legal claim against the nursing home and/or some of its staff members for the harm.

Pressure Ulcers and Bedsores

Pressure ulcers and bedsores are two different terms for the same condition of skin sores that develop as a result of limited blood flow to an area. Blood flow is limited when a part of the body is pressed up against something, like a bed or wheelchair, for a long period of time. Bedsores are more likely to develop on the skin atop bony areas such as the hip, ankle, back of head, and tailbone.

Bedsores range in severity from a red, swollen area on the skin’s surface to a deep open wound that may never fully heal. Their severity is identified by stages; stage 1 is the least severe and stage 4 is the most severe. More severe cases can lead to severe complications including sepsis, which is a body-wide infection, and even death.

Causes of Pressure Ulcers

Bedsores are a common problem in nursing facilities, particularly among patients with limited or no independent mobility. These patients are often spending the bulk or all of their days in bed or between a bed and a wheelchair. Being in the same position creates pressure at certain spots, which cuts off blood flow and causes bedsores.

Nursing homes sometimes argue that pressure ulcers and bedsores are unavoidable, but this is deceptive. It is true that even with the best nursing home care, pressure ulcers and bedsores sometimes develop. However, there are ways to significantly reduce the risk of bedsores. In fact, the Model Systems Knowledge Translation Center estimates that 95% of all pressures sores are preventable.

Legal Liability for Pressure Ulcers and Bedsores

Two of the most important steps for preventing bedsores in nursing home patients are repositioning the patient frequently and make sure skin is kept dry.   This means nursing home staff must promptly clean up any urine or feces for bedridden patients. Nursing homes are obligated to take these and other steps to prevent pressure sores. They must also provide adequate medical care for any bedsores that do develop. Unfortunately, nursing homes do not always live up to these responsibilities.

Get Legal Help for Nursing Home Malpractice and Negligence

There are far too many cases where a Georgia nursing home resident’s bedsores could have been avoided or complications minimized if the nursing facility provided the care it was ethically and legally required to. Fortunately, nursing homes and their staff can be held liable for their misconduct.  

Proving that pressure ulcers and bedsores are the result of negligent or intentional misconduct by a nursing home or its staff members and not an unavoidable consequence of being largely bedridden, can be difficult. Having counsel experienced in nursing home lawsuits can improve your likelihood of successfully obtaining fair compensation. If you would like more information or would like to discuss your case, contact Attorney Marc Howard at Williams Elleby Howard & Easter today to schedule a free consultation by calling 833-LEGALGA.

Common Causes of Medical Malpractice Cases

A table covered in a green surgical cloth with a silver surgical tools, a surgical assistants white gloved hand is reaching for a tool and a surgical procedure is being conducted in the blurred background.

Common Causes of Medical Malpractice Cases

Medical malpractice arises when a medical professional makes a mistake or does not act in a reasonable manner as someone would with similar training and experience. Unfortunately, these types of errors happen more often than you might think.

In 2005, the latest date that the Bureau of Justice Statistics provides information on this topic, there were 2,449 jury or bench trials related to medical malpractice. This number is enormous considering that the vast majority (often up to 90%) of cases are settled outside of court. When you also consider that most medical malpractice claims are never litigated or even reported, the actual number of medical malpractice situations every year in the U.S. is staggering.

Estimates regarding the amount recovered at trial are interesting. The median award for those at trial in a medical malpractice case is about $425,000. This is 16 times larger than the average award for all personal injury cases ($27,000). This difference could be based on the seriousness of the injuries involved, but it could also be a reflection of society’s desire to hold doctors and other medical professionals to a higher standard than the average person.

What Causes Most Medical Malpractice Claims?

The vast majority of medical malpractice claims are based on failure to diagnose, or misdiagnosis. Diagnosis problems make up roughly 46% of all medical malpractice claims. A research team that compiled results from 34 journal articles in 2013 indicated that most studies specified that missed diagnoses accounted for between 26 and 63 percent of all medical malpractice claims. Frighteningly, the most common consequence related to a missed diagnosis was death—it occurred in 15 to 48 percent of cases.

The most common misdiagnosis problems for adults were related to cancer and heart attacks. Appendicitis, ectopic pregnancy, and bone fractures were close behind. In children, meningitis and cancers were the most common conditions to be misdiagnosed.

The second-most common cause of medical malpractice claims relates to drug errors. In the 2013 article study, drug errors made up 6 to 20 percent of all claims. Drug errors occur when the doctor or other medical professional prescribes medication that is not right for you based on your condition or medical history. It may also interact with other medications you are currently taking. Drug errors can also occur at the pharmacist level as well when a pharmacist provides the wrong medication or the wrong dosage of a particular drug.

The 2013 study found that drug errors were most commonly associated with steroid preparations, anticoagulants, antidepressants, antibiotics, and antipsychotics.

Standard of Care in Medical Malpractice Claims

Doctors and other medical professionals are held to a higher standard than the average person. Patients trust them with their lives, so they expect doctors to be extremely cautious and take extra care to ensure their safety. Physicians and other members of the healthcare field also have specialized training and knowledge that the average person does not, so there is often no real way for the average patient to ensure that what their doctor is doing is correct (short of seeing another doctor for a second opinion).

If you or a loved one has been affected by a medical error, you may have a legal claim. Call Williams Elleby Howard & Easter for more information.