A Columbus medical malpractice lawyer knows there is nothing more important than one’s health and family. So when issues arise that potentially threaten you or your family’s well-being, you rightly rush to your doctor and trust in their expertise. But what happens when the people you have trusted with your life fail to treat you with the right expertise and care you deserve, resulting in debilitating injuries or illness?
That’s where medical negligence claims stem from. And while claims like these are stressful and difficult to prove, under Georgia laws, people who have fallen into this type of situation are entitled to sue and possibly recover the much-deserved and needed compensation.
Our Columbus medical malpractice lawyers are experienced in helping injured individuals and bereaved families navigate the complex legal process to obtain much-needed compensation.
If you or a family member has received medical treatment that was unreasonably delayed, negligent, or caused harm, we can help! At Joe Durham Jr., P.C., we care about giving the highest client care standards and the best legal advice regarding your medical malpractice case. It can be daunting concentrating on recovery while thinking about complaining or claiming, but we can help.
Call us at 229-351-5320 and schedule a free case review with a Columbus personal injury lawyer today. We represent medical malpractice victims on a no-win-no-fee basis.
What Is Medical Malpractice?
The term medical malpractice – sometimes also referred to as clinical malpractice is used to refer to acts or omissions of a medical practitioner acting in their professional capacity in the course of their work (employed or self-employed).
In other words, medical malpractice refers to poor or negligent care that has been provided to patients by healthcare professionals that have caused an additional problem or made an existing condition worse.
Patients who experience medical malpractice in Columbus, GA, are legally entitled to pursue compensation. If a patient has passed away or is too sick as a result of medical negligence, their family can file the claim on their behalf.
Our Columbus medical malpractice lawyers have experience with the full range of medical negligence cases, including:
- Birth injury
- Nursing home abuse
- Defective medical devices and implants
- Dental treatment negligence
- Anesthetic problems
- Incorrect prescriptions
- Misdiagnosis and delayed diagnosis
- Delay in treatment of cancer
- Negligent surgeries
- Hospital infections
- And many others…
How Do You Know You Have a Medical Malpractice Claim?
All healthcare professionals have a legal duty to exercise reasonable care when offering advice, diagnosing, or treating their patients. However, it can be extremely difficult for a novice to prove within a reasonable degree of medical certainty that there was indeed medical negligence or malpractice. An experienced clinical negligence attorney can be an invaluable partner when dealing with these types of cases.
There are several conditions that must be satisfied for you to have grounds to bring a medical negligence claim against a medical practitioner or institution. These factors include:
Doctor-Patient Relationship (Duty of Care)
Before medical malpractice can occur, there must be a duty of care. So, before anything else, you must prove that you have a doctor-patient relationship with the medical practitioner you are suing. Of course, any healthcare institution or practitioner looking after you will owe the patients a duty of care.
However, “duty of care” does not necessarily mean top-tier services or even just good standards of care! It is only to provide “reasonable care” or, in other words, a standard of care that any reasonable health care provider or institution would provide.
So if a surgeon operates on you, then the standard of care or reasonable care would be that of a responsible institution of similarly qualified surgeons.
Negligence
For you to have a medical malpractice claim in Georgia, there has to be an act or omission that amounts to a breach of duty of care. The healthcare practitioner must have been negligent with the patient’s care, diagnosis, or treatment.
However, while you can complain about such omission or act, you cannot file a medical malpractice claim unless you can satisfy the other two criteria, causation, and damages.
Causation
Typically, medical malpractice cases involve patients who were already unwell. For this reason, there’s often a question of whether what the healthcare provider did or did not do actually caused the harm.
For example, if a patient experiences complications after childbirth, the patient must show that the doctor’s recklessness, incompetence, or negligence directly caused the injury or harm.
Damages
Even when there’s no doubt that the doctor, nurse, or other medical practitioner was negligent and did not deliver reasonable care, the patient can’t lodge a medical malpractice claim unless they prove they suffered actual injury or harm.
At Joe Durham Jr., P.C., we have often heard the complaint: “I could have died because of that error!”
However, although you can complain, you cannot pursue compensation for medical malpractice simply for knowing that harm may have come to you or a family member. A claim can only be lodged for harm or injury that has actually resulted, or probably will in the future due to the doctor’s negligence.
Some of the types of injuries or harm that patients can show here include:
- Physical pain
- Financial loss stemming from additional medical bills, lost work, and lost earning capacity
What Damages Can I Get From a Georgia Medical Malpractice Claim?
Victims of medical malpractice or their loved ones who have lodged a medical malpractice claim successfully can obtain compensation for three types of damages in Georgia, including:
Economic Damages
These are the types of damages that can be easily assigned a dollar amount. Economic damages are awarded to compensate victims or their families for the following damages:
- Additional medical expenses
- Domestic assistance
- Future medical and rehabilitation expenses
- Lost earnings
- Travel expenses related to treatment and rehabilitation
Non-economic Damages
These damages are similar to economic damages in that they are designed to compensate for the patients suffering. However, unlike economic damages, non-economic damages are not easy to quantify in dollar amounts. They include:
- Physical and mental anguish
- Loss of enjoyment of life
- Loss of consortium (usually awarded for cases where a patient has passed away)
- Punitive Damages
While rare, in some cases, a patient can recover punitive damages in egregious situations. For instance, a judge or jury can award punitive damages if the medical or healthcare practitioner’s action or inaction was willful or malicious.
These types of damages can be substantial when awarded. This is because the jury or judge has discretion in determining the amount to be awarded, provided the amount is within the constitutional limit.
What Is Georgia’s Statute of Limitation for Medical Malpractice?
Strict time limitations do apply for medical malpractice claims. In Georgia, you must lodge your clinical malpractice claim within two years from the date of diagnosis or injury or from the date you knew your injury or condition was linked to negligent care. However, consideration and exceptions are made in cases involving children.
Two years is not a long time, so if you’ve suffered harm as a result of a doctor’s or health institution’s negligence, it’s vital you seek legal assistance immediately. Failure to pursue your claim within the set time limits – also known as statutes of limitations – you may be barred from recovering compensation. To contact a reliable Columbus medical malpractice lawyer, please call us at 229-351-5320 today.
How Can a Medical Lawyer Help With Your Medical Malpractice Claim?
Medical malpractice claims require a thorough understanding of complex medical and personal injury laws. Not to mention, proving negligence in these types of cases can be challenging and requires in-depth investigation. Our medical malpractice attorneys will assist with all aspects of your case, including:
- Investigation
- Documentation
- Negotiation
- Representation
We will help you collect all copies of your medical record and other crucial documents such as financial evidence and witness statements from independent medical experts.
Your medical malpractice attorney can also conduct investigations to calculate a fair amount of compensation for you and make use of their expertise to pursue your case and get you the much-needed maximum compensation.
What Will It Cost to Hire a Reputable Medical Malpractice Lawyer in Georgia?
At Joe Durham Jr., P.C., we handle medical malpractice claims on a contingency or no-win-no-fee agreement. What this means is that we care about our clients. You’re not just another client or number to us! We understand that the financial stress following a medical malpractice incident can be severe.
When you enlist our services, there’s no financial risk to you, and you’ll only have to pay if your claim is successful.
File Your Claim With a Columbus Medical Malpractice Lawyer
When you’ve suffered harm as a result of medical malpractice, you need experienced and well-reputed medical malpractice lawyers. You can rely on our attorneys at Joe Durham, Jr. P.C.
Not only are our Columbus, GA Medical Malpractice attorneys adept at handling medical malpractice claims, but we also involve medical specialists to assist with building a strong case. We also know that beyond compensation, you’ll want a stress-free process, and we can help with that!
For a free no-obligation initial consultation with Georgia’s top medical malpractice attorneys, please call us at 229-351-5320. We will take the time to understand your circumstances, helping you obtain the answers, apology, and compensation you deserve.
