In Columbus, the importance of your health and family cannot be overstated. When faced with health issues, you turn to trusted medical professionals, placing your well-being in their hands. However, what if these trusted individuals fail to provide the necessary expertise and care, resulting in debilitating injuries or illness?
This is where medical negligence claims come into play. While such claims can be challenging to substantiate, Georgia laws provide recourse for those who find themselves in such unfortunate circumstances, allowing them to pursue legal action and seek the compensation they rightfully deserve.
Our Columbus-based medical malpractice lawyers possess extensive experience in guiding individuals and grieving families through the intricate legal process, with the goal of securing the much-needed compensation.
If you or a family member has experienced medical treatment that was unreasonably delayed, negligent, or resulted in harm, we are here to assist you. At Joe Durham Jr., P.C., we are committed to delivering the highest standards of client care and providing expert legal advice for your medical malpractice case. We understand that focusing on recovery while contemplating a medical records’ complaint or claim can be overwhelming, but you don’t have to do it alone.
Reach out to us at 229-210-6226 to schedule a free case review with a Columbus personal injury lawyer today. We represent medical malpractice victims on a no-win-no-fee basis, and our experienced team is dedicated to helping you.
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 or surgical errors 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 a medical professional or 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 law firm 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 become a concern, establishing a duty of care is essential. To begin with, it’s crucial to demonstrate that you have a doctor-patient relationship with the medical practitioner you intend to take legal action against. It’s important to note that any other healthcare professional, institution or practitioner responsible for your well-being inherently carries a duty of care toward patients.
Nevertheless, it’s important to clarify that this ‘duty of care’ doesn’t necessarily equate to top-tier services or merely good standards of care. Instead, it centers around the concept of ‘reasonable care.’ In essence, healthcare providers and institutions are expected to deliver a standard of care that any reasonable healthcare provider or institution would provide under similar circumstances.
For instance, if a surgeon performs a procedure on you, the standard of care or reasonable care should align with that of a responsible institution comprising similarly qualified surgeons.
In the context of Georgia, pursuing a medical malpractice claim hinges on the existence of an act or omission that constitutes a breach of the duty of care. It necessitates that the healthcare practitioner involved displayed negligence in the provision of patient care, diagnosis, or treatment.
However, it’s essential to recognize that addressing such omissions or acts is insufficient to initiate a medical malpractice claim. To proceed with a claim, one must satisfy the additional two criteria: causation and damages.
In medical malpractice cases, it’s common for patients to have pre-existing health issues. Consequently, a critical question often arises regarding whether the actions or inactions of the healthcare provider were the actual cause of the harm.
Take, for instance, a scenario where a patient encounters complications following childbirth. In such cases, it becomes imperative for the patient to establish a direct link between the injury or harm suffered and the doctor’s recklessness, incompetence, or negligence.”
This version highlights the keywords related to medical malpractice cases and the requirement to establish causation while maintaining clarity and coherence.
Even in cases where there is undeniable evidence of negligence by a doctor, nurse, or another medical practitioner, initiating a medical malpractice claim hinges on the ability to demonstrate actual injury or harm suffered by the patient.
At Joe Durham Jr., P.C., we often hear expressions of concern such as, ‘I could have faced dire consequences due to that mistake!’
However, it’s essential to clarify that while expressing concerns is valid, pursuing compensation for medical malpractice necessitates more than just the awareness of potential harm to oneself or a family member. A claim can only be pursued for harm or injury that has indeed occurred or is reasonably expected in the future as a direct result of the doctor’s negligence.
Some of the types of brain 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:
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
These damages are similar to economic damages in that they are designed to compensate the insurance company 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 229-210-6226 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:
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 229-210-6226. We will take the time to understand your circumstances, helping you obtain the answers, apology, and compensation you deserve.