This Article written by our Firm’s Atlanta medical malpractice attorneys is posted to help those who believe that medical dental or chiropractic malpractice occurred and may need to be litigated against a medical professional. The injury lawyers who handle this very rare subspecialty of civil litigation typically have learned over several decades how to litigate these challenging cases.
The purpose of this Article is not to set forth legal advice about any specific case. Instead, the first goal of our medical malpractice law firm is to let those who have evidence of error or have good reason to suspect malpractice take advantage of a free consultation with our legal warriors. Simply dial 1-855-927-7467 to speak to use toll free.
What is medical malpractice? Medical malpractice happens when a healthcare provider doesn’t give a patient the right type or level of medical care. This can happen if the provider doesn’t follow the correct procedures or take the necessary steps. But it is not as simple as that statement appears to be.
This is because both actions and failures to act can constitute malpractice. Therefore, if a healthcare provider neglects to act when a comparably skilled physician with similar training would have, the provider can be held responsible.
Malpractice can occur when a healthcare provider fails to meet the accepted standard of care for that procedure, treatment, or surgical operation. If the doctor’s attempts to repair, replace, or clear the “problem” fail, and result in injury, harm, or death to the patient, this may be an actionable case.
What Are Some Common Mistakes that Physicians Make?
A prevalent form of malpractice is misdiagnosis, which occurs when a physician incorrectly identifies a patient’s illness or fails to diagnose it as swiftly as a proficient doctor should be able to do. Mistakes can happen during surgeries, too.
Errors in surgical procedures may include operating on the wrong body part or the wrong patient, leaving foreign objects in the patient’s body, lacerating, or perforating surrounding organs, or improperly administering or monitoring anesthesia. Also, malpractice often happens when a doctor prescribes the wrong medication to a patient, or when a nurse provides them with the wrong medication or the wrong dose of a medication.
Some of the most tragic malpractice incidents arise in the context of birth injuries, which affect a fetus or newborn. The child may cope with the effects of the malpractice for the rest of their life.
Outlining Some Common Situations that May Apply to the Reader’s Case
The loss of a limb can drastically alter a patient’s life, both physically and emotionally. If a healthcare provider is at fault in some aspect of that surgical procedure, that patient may have grounds for a medical negligence lawsuit, allowing the person to seek justice and a financial recovery.
Receiving substandard treatment from a trained professional is considered malpractice. This means that if the care you (or a loved one) received fell below the accepted (expected) standard of treatment, then this can be classified as malpractice.
Medical malpractice cases in Georgia are more complicated than a more routine type of personal injury case, such as a car wreck case. This is partly because medical malpractice cases in the Peach State almost always require a medical doctor’s affidavit to be attached to a court lawsuit filing, verifying the claimed malfeasance, based on that doctor’s opinion. Generally, other types of civil litigation do not have such a requirement.
In addition, emergency room care in Georgia cases are even more complex than other medical malpractice law issues in Georgia. This is due to State legislation that blocks some cases that may have caused injury or death but was being made “in the heat of battle” when an emergency room doctor has to decide quickly on what to do based on the best information that is available at that time.
Medical Malpractice Types or Examples
A major lapse in providing a satisfactory standard of care by a healthcare professional can be deemed as medical malpractice. Nonetheless, certain kinds of medical errors are more prevalent than others, such as:
Having the Patient Sign an Informed Consent Authorization
Prior to administering any treatment, healthcare providers are required to secure your informed consent. This implies that you must give your approval to a specific procedure after being informed about the procedure, its risks, and other alternatives.
If a medical professional fails to adequately explain the procedure and obtain your consent before proceeding with the treatment, it could potentially lead to a medical malpractice lawsuit.
Incorrect Diagnosis Error
If a doctor incorrectly identifies your medical condition, it could be considered medical negligence, provided a similarly trained and competent physician would have made the correct diagnosis.
For instance, if an emergency room doctor mistakes your heart attack symptoms for heartburn, while a proficient doctor would have correctly identified it as a heart attack, such a misdiagnosis could be deemed as malpractice.
Detection of the Real Issue Too Late
Immediate identification is vital for the treatment of numerous health issues. A deferred detection can lead to disastrous outcomes for patients, particularly with conditions that are time-critical like strokes, cardiac arrests, and fast-spreading cancers.
If a medical professional neglects to detect a health problem when a reasonably skilled doctor would have recognized the issue, the healthcare provider could be held accountable for your damages.
Inappropriate Medical Care
Physicians are anticipated to select a therapy that is genuinely probable to improve your health issue. Although they aren’t required to be flawless, they can be held responsible for proposing a treatment that no sensibly skilled doctor would have suggested in the situation presented. For instance, if your doctor advises consuming herbal supplements as an alternative to undergoing chemotherapy for severe cancer, this could lead to a medical malpractice lawsuit.
Medical Errors Consequences
Physicians who commit errors during your treatment can be held responsible if a comparably skilled doctor with similar education wouldn’t have committed the same mistake. For instance, a case of medical malpractice could occur if a doctor prescribes incorrect medication or mishandles a medical operation.
Although errors can occasionally occur, a doctor who lacks competence and causes you harm can be compelled to compensate for the ensuing damages.
Surgical Negligence
Surgeons, despite their extensive training, can be subject to medical negligence claims if they commit avoidable errors during operations. Instances of surgical negligence might encompass:
- Performing surgery on the incorrect patient
- Operating on the wrong side of the body
- Leaving surgical tools inside a patient’s body
- Excising healthy organs or tissues
Although all surgical procedures inherently carry some risks, major blunders can lead to catastrophic outcomes and may irreversibly alter patients’ lives. If a surgeon or any other healthcare professional has made a grave error during your operation, you could be eligible for compensation.
Negligence in the Emergency Department of a Hospital
Emergency departments can be chaotic, with physicians making instantaneous judgments about patients’ medical care. ER negligence can happen when a patient suffers harm due to the inability of doctors and nurses to provide the anticipated level of care, such as giving incorrect medication, or insufficiently prioritizing patients being triaged in accordance with the highest need.
Nevertheless, given the known tumultuous nature of emergency departments and the potential high-stress conditions for healthcare providers, the care standards applied in the ER might vary from those in other medical environments.
Incorrect Administration of Anesthesia or Other Drugs
Anesthesiologists do more than just administer anesthesia. These specialists also have a range of other duties, such as examining a patient’s medical history and observing them before, during, and after an operation.
In the event an anesthesiologist makes a mistake and gives too much or too little anesthesia, the repercussions for patients can be grave and might include:
- Cardiac arrest
- Neurological damage
- The formation of blood clots that don’t get addressed in time to save the patient.
- Lapsing into a coma
- Lack of oxygen
- Regaining consciousness during surgery
- Allergic responses
- Loss of life
Misuse of anesthesia can lead to lasting health issues. If you or a family member has been impacted by an anesthesia mistake, you may be eligible for financial recompense through a medical malpractice lawsuit.
Childbirth Complications or Traumas That Are Not Addressed in A Timely Manner
During the process of childbirth, numerous complications can arise, potentially leading to lifelong implications for both the mother and the newborn. Babies are especially susceptible to birth traumas, such as bone fractures, brain bruising, and cerebral palsy, among others, during prolonged and complex labor.
For instance, if a medical professional, such as a doctor or nurse, fails to adequately monitor the mother and child or misuses assistive equipment, they could be held accountable for any resulting injuries. If your child’s birth trauma was a result of a healthcare provider’s negligence, you may be entitled to pursue legal action and file a malpractice lawsuit.
Loss of Limb Situations and Other Negligence Scenarios
Injuries that lead to the loss of a limb can involve the unnecessary or erroneous removal of a body part, joint, or limb due to a medical professional’s error, such as:
- Taking off (or mending) a healthy limb instead of the injured or aching one
- Accidentally cutting an artery and the patient succumbs when the bleeding is uncontrollable.
- Failing to diagnose an infection can result in the patient’s long-term disability.
- Conducting a surgical procedure on the wrong patient
- Overlooking the fact that the patient undergoing surgery had a serious circulatory problem or was diabetic.
- Using non-sterilized medical tools
When Error Leads to a Wrongful Death Action
Occasionally, a healthcare provider’s mistake is so grave that it results in a patient’s death. If a careless medical provider caused the death of your family member, you have the option to file a wrongful death lawsuit and secure compensation.
Locating an Atlanta Medical Malpractice Lawyer in Atlanta
It’s recommended to consult a legal professional regarding your circumstances. Our attorneys hope that this article helps you see how these cases work.
Any healthcare provider obligated to deliver proficient care can be guilty of malpractice. This encompasses doctors, nurses, surgeons, anesthesiologists, radiologists, and more. If a healthcare professional has rendered services that lack the necessary expertise, they can be held responsible for the resulting repercussions.
