A visit to the doctor is stressful enough without worrying about something going wrong. Unfortunately, medical errors do happen, and when they do, they can have serious consequences for your health and well-being.
Whether it’s an incorrect diagnosis or a surgical error, you may have one of the common types of Georgia medical malpractice claims. How do you know if you have a medical malpractice claim? Maybe the error is an honest mistake. Can you still file a claim? What about proving a medical malpractice claim?
How do you even get started? These are only some of the questions we’re answering. This way, you’re a little better informed if something unexpected happens during your next doctor’s appointment or medical procedure.
Ready to learn a bit more about medical malpractice in the Peach State? Here are the answers to some of the most commonly asked questions.
The definition of medical malpractice is the same regardless of where you live. In other words, the definition is the same whether you live in Texas, Georgia, or up north in Maine or Massachusetts.
Whether it’s referred to as medical malpractice or professional negligence, the definition is the same. When a healthcare professional breaches their duty to their patient, it’s considered medical malpractice. Yep, the legal definition doesn’t also provide a ton of clarity so here it is in simple terms. If a healthcare professional’s negligence results in an injury, it’s probably considered medical malpractice.
So, if your physician misdiagnoses an illness and prescribes treatment that worsens your symptoms, this can be an example of professional negligence. A clearer example is if a surgeon leaves a sponge in a patient after surgery.
Even though medical malpractice falls under the pretty broad umbrella of personal injury law, it has a few classifications or categories. Whichever way you want to look at it. Some of the common types of medical malpractice claims include:
Another type of medical malpractice claim is birth injuries. These are usually preventable injuries that occur due to healthcare professionals' mistakes and/or negligence during the delivery.
If you’re even the least bit familiar with personal injury law, you know proving negligence is an essential part of the legal process. Basically, if you can’t show negligence, you usually can’t file an injury claim. A possible exception may be a strict product liability claim. In this type of injury claim, the manufacturer is already considered the liable party so there’s nothing to prove.
Medical malpractice claims are built on proving negligence. You can’t just decide to file a random injury claim just because you don’t like a physician’s bedside manner. You must show the following four elements of negligence for your medical malpractice claim to go anywhere:
Proving negligence may seem pretty straightforward until you get started. Proving a breach of duty is sometimes easier said than done. A good bit of advice is to work with an experienced Georgia medical malpractice attorney.
Pretty much anytime you file a personal injury claim, someone’s going to come along and launch an investigation. For example, auto accidents are usually investigated by the authorities, insurance adjusters, and even experts from your lawyer’s office.
The same group of experts may play a role in investigating your medical malpractice claim. Every claim is unique. However, regardless of the type of professional negligence claim the Georgia Medical Board is going to step in and launch an investigation. The Medical Board regulates all medical licenses and healthcare professionals.
This is one of those questions only you can really answer. There’s nothing illegal or immoral about accepting compensation for your medical malpractice injury before your claim works its way through the legal process.
You also shouldn’t be surprised if you’re contacted by the healthcare professional’s legal team or insurance provider. This is a common practice insurance companies use to try and keep settlements as low as possible. So, your settlement is usually lower if you accept an offer. You may be okay with the proposed settlement amount. If it covers all of your expenses, you can accept the settlement amount. This way, you’re not trying to navigate the legal process.
Something to keep in mind is once you accept a settlement, your medical malpractice claim is considered closed. Nope, you usually can’t reopen a closed injury claim even if you still have unpaid damages.
Determining the value of a medical malpractice claim is its own process. You’re calculating your medical costs and possibly lost income if your injuries are keeping you out of work. Chances are your medical injury hasn’t resulted in property damage so this usually isn’t included in malpractice claims.
However, you should be able to claim things like pain, suffering, and mental anguish to name a few. The extent of your injuries plays the biggest role in your claim’s value.
Filing a medical malpractice claim isn’t exactly an easy process. You need to prove negligence and this is only the start. Even if you think you’re ready to start the legal process, it’s still a good idea to work with an experienced personal injury lawyer. They have answers to questions you probably haven’t thought of yet about your injury claim.
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