Category: Malpractice

You may have a viable medical malpractice claim if you are harmed by any medical professional, including doctors, nurses, or physical therapists. Many people assume that medical malpractice claims are only made against doctors, but that is not the case. Any medical professional can cause an injury that would result in a valid legal claim.

Some medical injuries more than others are likely to lead to a medical malpractice claim. If you have experienced a medical injury, you should speak with an attorney as soon as possible.

Diagnosis Problems

Misdiagnosis or late diagnosis is one of the most common causes of medical malpractice claims. When a medical professional treats you for the wrong condition, it can cause more problems than you had initially. Treatment opportunities can also be delayed, which may result in a worsening of your condition.

Misdiagnosis cases are particularly egregious when the patient or a patient’s loved one suggests that the patient be tested for a certain condition, and the medical professional ignores the suggestion. Unfortunately, situations like these are relatively common.

Medication Errors

A medication error occurs when the patient is provided the wrong medication or dosage. It can also occur when a medical professional fails to check which medications will interact negatively with other medication. Roughly 1.3 million individuals are harmed due to medication errors every year, and medication errors cause at least one death every day in the United States.

Poor communication is the number one reason that medication errors occur. It is imperative to talk with your doctor about the medications you are already taking and get specific directions on how to take any new medicines.

Errors Regarding Surgery

Surgeons are not perfect, and they can make mistakes in the operating room. Unfortunately, even slight errors during surgery can have devastating effects. There are horror stories about doctors operating on the wrong body part or leaving equipment inside a patient. However, most surgery errors involve just a slight mistake, such as cutting too deeply or too close to a nearby organ.

Errors after surgery can lead to serious health problems as well. Post-operative care is extremely important to keep the wound clean so that it can heal properly. Failure to use the correct dressing or other care procedures can lead to infection and even situations where the surgery may need to be repeated.

Anesthesia Errors

Anesthesia is necessary for many surgical situations. There is a delicate balance between using too much and too little anesthesia for a procedure. Using too much can lead to serious long-term injuries, but not using enough can result in the patient is awake during surgery.

It is extremely important to monitor vital signs closely while a patient is “under.” Failing to ensure that the patient has normal heart rate and breathing can result in permanent injuries, brain damage, and even death. Monitoring and using the right equipment to promote breathing are both vital.

Getting Legal Help

A medical malpractice claim can arise from virtually any type of medical error. The law holds medical professionals to a higher standard compared to the average person because they have specialized training and knowledge. As patients, we put a lot of trust in doctors, and we expect them to act with care. If you or a loved one was injured while receiving medical attention, you may have legal rights. Call 833 – LEGALGA to speak with a Georgia medical malpractice lawyer today.

Medical Malpractice Can Cause Birth Defects

Childbirth should be a joyous time for your family. You put your trust in your hospital, gynecologist, and medical team to deliver the newest member of your family. Then the worst thing a parent can imagine happened: you learned that your newborn suffered a birth defect, and even worse, that the defect was not genetic or destined to happen. Your trusted doctor caused it when he failed to use reasonable care, and his negligence caused you and your newborn irreparable harm.

When you and your child have been harmed by a doctor’s negligence, you deserve to be compensated. Our expert Georgia legal team is committed to working alongside you every step of the way during your case. Medical malpractice cases concerning birth defects can be complicated to understand. To ensure you know and understand your rights, we have put together some information that you may find helpful during this hardship.

What Is Malpractice?

Medical malpractice occurs when a medical professional acts unreasonably. This is otherwise known as negligence in the legal community. Your doctor, nurse, or other professional had a duty to you and your child. Your doctor breached that duty by failing to act in a way a reasonable professional in his position would have acted. His failure directly caused your child to suffer from a birth defect and sustain a personal injury, which may affect him for the rest of his life.

Who Can Commit Medical Malpractice?

In broad terms, any medical professional in Georgia can commit medical malpractice on a patient (mother or child). These include:

• Gynecologists
• Obstetricians
• Hospital staff
• Surgeons
• Midwifes

Types of Injuries

Medical malpractice-induced birth defects are typically caused by prenatal negligence. Examples include failure to diagnosis an infection, misdiagnosis, and failure to treat the mother’s high blood pressure or diabetes. Each error can affect a child in numerous ways. Below are some common injuries our Cobb County birth defect lawyers have seen during their careers:

• Cerebral Palsy
• Brain injury
• Fetal stroke
• Facial paralysis
• Erb’s Palsy (brachial plexus injury)

Types of Damages

If your child was injured due to the negligence of a medical professional, then you can bring a personal injury lawsuit on his behalf, which if successful, will pay for your child’s current and future medical expenses. Below are types of damages you can seek:

• General Damages: loss of future earning capacity, pain, and suffering, and loss of life enjoyment. These damages require expert reports.
• Special Damages: medical bills (current and future) and medical equipment necessary to function as a result of the injury.
• Punitive Damages: damages meant “punish” the negligent medical professional and serve as a deterrent for his peers.

Contact Us

You are not alone if your child has been injured due to a medical professional’s negligence. If you or a loved one has been injured and needs help with your medical malpractice case, call Williams Elleby Howard & Easter at 833-LEGALGA for a free consultation.

Obstetric Malpractice

“It’s a boy!” “It’s a girl!” Those words are perhaps the most exciting words expecting moms and dads can hear. Every expecting parent looks forward to a healthy child. They hope that the mom can deliver the baby and return home after a few days in the hospital with their brand-new healthy infant.

However, sometimes complications arise. Every pregnancy carries the potential for unforeseen complications. How an obstetrician and his or her medical staff react to certain signs and complications during childbirth can mean the difference between a healthy baby, a dead baby, or a baby with permanent injuries.

Malpractice Claim Against an OB

Behind neurosurgeons, obstetricians face the most malpractice suits of all doctors according to the American Journal of Obstetrics & Gynecology. In fact, malpractice settlements between obstetricians and their patients often exceed $1 million. A similar report from the American Medical Association states that seventy percent of obstetricians have been sued at least once.

Common Types of Obstetric Malpractice

The following are common types of obstetric malpractice:

Misdiagnosis: A doctor’s failure to identify a birth defect or genetic disorder during pregnancy.

Failure to diagnose: This means that the doctor and medical staff failed to diagnose a problem or potential problem before, during or after birth. For instance, a failure to diagnose placental infection can lead to baby oxygen deprivation, which can cause brain damage, cerebral palsy, and vision impairment.

Improperly performing a cesarean section: During a C-section, a doctor makes a surgical incision in the mother’s abdomen and uterus to deliver the child. This process poses a risk to both the baby and mother. If the doctor makes a mistake, it can result in internal bleeding, damage to organs, damage to nerves, heart complications, and more.

Failure to perform a timely cesarean section: A doctor is charged with protecting the life of the mother and unborn child. When the mother or unborn child is in distress, it may be best to remove the child as soon as possible. A doctor’s failure to perform a timely C-section can cause brain damage and cerebral palsy in the child due to a lack of oxygen.

Failure to discover ectopic pregnancy: This occurs when the fertilized egg attaches itself to a place other than the uterus, usually the fallopian tube. In that instance, the doctor must timely remove the egg, or it can cause bleeding that can be deadly.

Improperly using forceps: When forceps are necessary, it is imperative that the doctor correctly places the tongs to the baby’s head and doesn’t use too much force.  If forceps are applied unevenly or used with excessive force, the strain on the baby’s head could cause skull fractures, compression of the head, tearing of the vessels in the brain, swelling in the brain, and brain hemorrhaging.

Failure to recognize umbilical cord complications: The most common type of umbilical cord complication is umbilical cord compression. When compressed, blood flow through the cord can be obstructed. In turn, the baby will be deprived of oxygen. This potentially results in permanent brain injury.

Contact Attorney Joel Williams if a You or Your Child Is the Victim of Obstetric Malpractice

If you or your child is a victim of obstetric malpractice, contact the personal injury law firm of Joel Williams, a Kennesaw, Georgia lawyer who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.