A hospital or medical clinic is the last place you should be worried about being harmed. So, if you’ve been hurt, injured, or neglected by a doctor or medical provider, it can be even more painful and confusing. Depend on our legal team of experienced medical malpractice lawyers in Atlanta. We’re here to clarify how to sue for medical malpractice and help you during this difficult time.
Can You Sue for Medical Malpractice in Atlanta, Georgia?
In a word: yes. You have the right to hold the at-fault party accountable, whether you or a loved family member is seeking compensation for anesthesia error, a Misdiagnosis, or Other Areas Of Medical Malpractice. You must prove your injuries resulted from a standard of care violation. But that’s our job. Your Georgia medical malpractice attorney at Henningsen Injury Attorneys P.C. will work hard to find evidence towards your claim and carry out successful litigation on your behalf. The most important consideration is how long you have to sue for medical malpractice. According to Georgia’s statute of limitations, you typically have two years to file a medical malpractice lawsuit, although exceptions can apply. However, with sound legal advice, resources, and support, you’ll be able to get the compensation you deserve.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
We’ve Recovered Millions for Our Clients
At Henningsen Injury Attorneys, P.C., we have given our clients outstanding legal representation for over ten years. We believe that patients should be able to trust their doctors, and that every member of the medical profession is obligated to provide the best treatment that they can offer. As an injury law firm specializing in personal injury accidents and cases, our lawyers in Atlanta have expertise in many practice areas where individuals have suffered serious personal injury and are seeking to win their malpractice claims.
If you believe that a doctor (or other member of the medical field) committed an act of negligence and hurt you, you may have grounds for a medical negligence claim. With the help of a Georgia personal injury lawyer and an Atlanta medical malpractice lawyer near me, you may be able to collect Financial Compensation for:
- Hospitalization
- Doctor’s Visits
- Future Medical Expenses
- Missed Wages
- Non-economic Damages
Our Atlanta medical malpractice lawyer is dedicated to helping victims of medical malpractice pursue the compensation that they deserve. As an Atlanta negligence attorney and personal injury lawyer, Todd Henningsen gets Results by working closely with those he represents — as one past client said, he’s the “Type Of Attorney You Want On Your Side.”
Let us review your case at no cost to you and rest easy knowing that you Will Not Have To Pay Upfront Fees. We can fight for you or your loved one so that you can focus on what is really important.
in verdicts & settlements
Common Types of Medical Malpractice in Atlanta
Medical patients trust their doctors, nurses, and physicians to provide the care that they need through skilled medical treatment. Sadly, innumerable people suffer avoidable injuries and complications at the hands of uncaring, incompetent, and negligent doctors every year. Our Atlanta medical malpractice and trial lawyers have seen it firsthand.
According to research, the most common medical malpractice cases involve:
- Misdiagnosis / Failure To Diagnose;
- Surgical Errors And Plastic Surgery Errors;
- Emergency room errors;
- General Treatment Errors;
- Birth Injuries, Such As Those That Can Cause Cerebral Palsy;
- Medication Errors;
- Anesthesia Mistakes.
What is Medical Malpractice?
The term “medical malpractice” refers to any act of negligence committed by a member of the medical profession. You might assume that doctors and surgeons are the only persons that commit medical negligence.
In reality, all members of the medical field are responsible for patient safety; thus, any medical professional can commit negligence, including:
- Physicians;
- Surgeons;
- Nurses;
- Anesthesiologists;
- Eye Doctors;
- Pharmacists.
Call 404-882-6810 today to discuss your case for free or fill out our Contact Form
Who Can I Sue for Atlanta Medical Malpractice?
Depending on the nature of your accident, you may be able to sue 1) the negligent car provider, 2) the hospital, or 3) the negligent worker’s employer. While many medical malpractice suits are aimed at a specific doctor, others target the doctor’s supervisor or hospital. An experienced Atlanta medical malpractice lawyer can help you determine who is most liable for your injury.
Vicarious Liability – Hospitals, doctors’ offices and other medical facilities are obligated to hire qualified employees. If the hospital negligently hired an under-qualified employee, you may be able to sue for compensation. This is vicarious liability.
In some cases, big pharmaceutical companies are responsible for patient injuries. Generally speaking, drug manufacturers owe their primary duty to doctors and physicians – not patients. However, the pharmaceutical company is responsible for the mediation’s safety. If the manufacturer believes that the medication could result in an adverse side effect (when used properly), it should warn physicians of the potential risk.
The drug manufacturer must:
Research the drug for side effects
Convey potential risks to doctors, nurses, and physicians
In the event of a medication / pharmaceutical error, the manufacture may be responsible for any illnesses and injuries that occurred because the company failed to fulfill one or both of these obligations. In short, you may be able to sue the manufacturing company for failure to warn.
Proving Medical Negligence
Proving medical negligence starts with duty of care the idea that doctors, nurses, surgeons, etc. are responsible – to the best of their ability – for their patients’ health. A doctor commits medical malpractice when he/she breaches this duty of care. Proving breach of duty can be a difficult task, but your Atlanta medical malpractice lawyer will work tirelessly to find and present evidence to support your case.
A successful medical malpractice case is built on four elements:
- Duty of Care;
- Breach of Duty;
- Injury, and Damages.
In order to collect money for your accident, you must demonstrate that the doctor, hospital, etc. owed you duty of care. Then, you must show that the other party acted negligently, breaching the duty.
If the other party committed an act of negligence but the negligence was not responsible for your injury, you do not have a valid claim for medical neglect; the malpractice must be directly responsible for your suffering.
Finally, you must be able to demonstrate that the injury resulted in damages, such as medical bills or pain and suffering. According to the National Center for Biotechnology Information, most medical negligence cases take economic damages (medical costs, etc.) and non-economic damages (pain and suffering) into consideration.
Medical Negligence and the Doctrine of “Res Ipsa”
Proving medical malpractice is difficult, especially since medical reports, etc. are often written by the accused doctor or nurse. U.S. law recognizes this fact and allows victims of medical malpractice to apply the doctrine of “res ipsa loquitur” to their cases; a Latin phrase that translates to “the thing speaks for itself.” In short, this doctrine implies that the victim doesn’t need to show absolute proof of negligence; he/she only needs to prove that the injury could have been avoided if the defendant acted differently.
Res Ipsa lessens the plaintiff’s burden of proof. In order to employ this doctrine, the plaintiff must show that:
- The plaintiff did not cause the injury
- It is impossible to obtain evidence of the malpractice
- The type of accident, injury, or illness does not occur without negligence
- The defendant(s) controlled the circumstances that led to the injury
- The injury could not have occurred under circumstances outside of the defendant’s control
If the court invokes the doctrine of res ipsa loquitur, you are no longer hold the burden of proof; instead, the defendant is responsible to show that he/she did not commit an act of negligence.
How Much Is Your Medical Malpractice Case Worth?
If you suspect that your injury was caused by medical neglect, you probably have a lot of questions about your rights as an accident victim, such as “How much is my case worth?” United States law does not designate an amount of money that you can collect for medical malpractice. In fact, every negligence settlement is determined by the unique facts surrounding the case. Considering those facts, your Atlanta medical malpractice lawyer can give you a better estimate of how much your case is worth.
Call 404-882-6810 today to receive a free, no-obligation consultation. You can also fill out our online Case Evaluation Form.
Factors that Can Affect the Value of Your Claims In Atlanta
- How much money do you owe in medical expenses?
- How much money did you lose by missing work (lost wages)
- How much money will you need for future medical costs, care, and procedures?
- Did the injury result in significant mental anguish, pain, or suffering?
How much Can You Get for a Medical Malpractice Lawsuit In Georgia?
All of the listed factors must be considered in a medical malpractice case to determine what you can collect in your settlement. There is no limit on the amount of economic damages, like medical bills and lost income. However, Georgia has placed a $350,000 cap on non-economic damages, such as mental anguish.
Filing an accident claim can get difficult. There are important considerations to take into account when it comes to privately owned buses and government funded transit systems. Accidents involving public transit systems have a limited filing period of six months from the date of the incident. This statute of limitations is firm and must be respected, and your bus accident lawyer in Atlanta will be well-versed on such regulations. Missing the filing deadline means you forfeit the right pursue a lawsuit and receive compensation.
Dealing with a bus accident injury is quite difficult when it leads to hospitalization, medical bills, and lost wages. If you or your loved one has suffered harm and losses because of another party’s negligence, the team at Henningsen Injury Attorneys, P.C., is ready to help you pursue justice.
Get Started With a Free Consultation – No Fees Unless We Win
If you believe that your illness / injury was caused by careless healthcare professional, contact an Atlanta medical malpractice lawyer from our firm today. At Henningsen Injury Attorneys, P.C., we believe that a successful personal injury claim starts with experience. That’s why Our Team has spent more than a decade developing the legal strategies that we use to help and give advice to our clients.
We’ve Helped Many People in your position, and have worked diligently to advocate for them and get them the answers they needed. In this unimaginable moment, you can depend on us to support you in moving forward and getting the financial compensation and closure you deserve.
Call 404-882-6810 today to receive a free, no-obligation consultation. You can also fill out our online Case Evaluation Form.
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While we’ve discussed the most common types of medical malpractice, there are less typical situations where malpractice applies, like nursing home abuse. You can also sue an attorney for legal malpractice in Atlanta when a lawyer handles a case negligently and causes damages. In Atlanta, you generally have four years to file a legal malpractice claim. However, the date at which that 4-year period begins can vary. A Knowledgeable Atlanta Medical Malpractice Attorney can help you to identify the timeline of your case and receive maximum compensation.
In the worst-case scenario, medical malpractice results in loss of life. In such a difficult personal moment, the last thing you need is to read a complex text full of legal terms, so let a skilled Atlanta Medical Malpractice Attorney help you with your claim. At Henningsen Injury Attorneys P.C., we help our clients with:
