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If you or a loved one was injured during a medical procedure, you may have a claim to medical malpractice if your injury was caused by the doctor’s negligence. Accidents or unexpected results that occur during medical operations can sometimes be attributed to doctor error, but not always. To determine whether you have a claim for medical malpractice, you will need to show that the doctor or surgeon breached his duty of care and that the breach caused injuries to the patient. Read on to learn more about how to determine whether you have a good medical malpractice case, and be sure to contact an experienced medical malpractice attorney to discuss your options for your specific case.
In Georgia, a doctor must use a “reasonable degree of care and skill” when treating or operating on patients. This is a standard of care that all doctors should agree on, even when each doctor is using different treatment methods. If the doctor who operated on you or your loved one is found to have exercised a lower standard of care which resulted in certain injuries, then the doctor can be held responsible for those injuries. Generally, other doctors will be called in as expert witnesses to give testimony as to whether the at-fault doctor acted with a reasonable degree of care and skill.
In order to prove your doctor violated the standard of care in his treatment of you or your loved one, you will need to provide medical records and testimony from medical experts stating that your doctor did in fact act with a lower standard of care than what is required of him or her by Georgia law. Since expert testimony is extremely important in determining whether your doctor breached his standard of care, it is important that you find an experienced medical malpractice attorney who will be able to seek out the best expert(s) for your case.
Even if you have determined that your doctor acted with adequate care and is not at fault in causing your injuries, that does not mean you do not have a good medical malpractice case. Nurses and pharmacists can make mistakes too and may also be on the hook for causing your injuries. Sometimes a nurse will fail to notice a patient’s symptoms and, thus, fail to promptly call in a doctor. Or, pharmacists may prescribe the wrong medication by accident. Worst of all, patients may be labeled incorrectly, which leads to their undergoing the wrong operation.
If you have been injured in a medical procedure and believe someone is at fault for your injuries, call us immediately at (404) 259-7635 or visit our website to discuss your options. If you have a good medical malpractice case, you can usually recover all the costs of your medical treatments to correct for the error, lost earnings, and compensation for pain and suffering. Remember, there is a two-year statute of limitations on most personal injury cases in Georgia, so don’t delay. Call today.