Medical Malpractice Lawyer: Top Atlanta GA Injury Attorneys

For over 44 years, Kathy McArthur’s law firm has helped clients obtain compensation for medical malpractice injuries. This track record covers many hundreds of cases, mostly across Georgia, but also in some other states. In this informational article, we hope to answer some of your pressing questions.

Our medical malpractice lawyers in Georgia can obtain the outstanding results for a malpractice case where failure to meet the appropriate “standard of care” exists. This article explains how to apply such “standards” to these medical negligence complaints.

The lawyers specializing in medical malpractice at McArthur Law Firm (MLF) have secured millions of dollars through settlements and court decisions for their clients. In some cases, our clients have needed us as their medicine malpractice lawyers due to a doctor’s error, or in a pharmacist’s negligence error.

“Medical malpractice is generally defined as medical care that falls below the accepted professional standard of care.” (Quote from Forbes Magazine)

Also, the use of “med mal” is merely a shorthand way of saying “medical malpractice.” The purpose of this article is to explain the role of your medical negligence attorney near me in high stakes personal injury cases pertaining to deficient medical care.

Finding the Ideal Medical Malpractice Lawyers in Georgia

Medical malpractice lawsuits in Georgia are complex and can be intimidating for many clients due to the uncomfortable process of suing doctors, hospitals, and insurance companies. Failure to retain legal counsel to ACT for you in a timely fashion can TOTALLY PREVENT your claim, by waiting too long.

Our Atlanta medical malpractice attorney team members know that over 50% of all medical neglect or malfeasance occur in the metro Atlanta Georgia counties within a 25-mile radius of the State capital gold dome. So, whether you seek an Atlanta birth injury lawyer or an orthopedic malpractice lawyer, our firm can assist you.

Our team has eight Georgia personal injury lawyers. They work hard to out-prepare our legal opponents. They ensure our clients have the best chance for a successful outcome in every case.

This is why we maintain a full-service law office in downtown Atlanta GA. In addition, as stated below, each injury lawyer in Atlanta or at our Macon office will offer a free consultation — in person, at our office — or at a location convenient to our prospective client.

Medical Malpractice Claims that Occur Fairly Regularly in the Peach State

Medical malpractice is the most prevalent form of professional negligence. Some recent medical oversight groups estimate that over 250,000 incidents annually are occurring. These claims typically involve a doctor (or other healthcare professional like an LPN, RN, or nurse anesthetist) who has acted carelessly during the diagnosis, treatment, sedation, or during consultation with a patient.

The attorneys at MLF help clients with medical malpractice cases in Atlanta, Macon, Warner Robins, and in all other cities in Georgia. Hundreds of medical malpractice cases are litigated or settled annually, including birth injury and wrongful death cases in Atlanta, GA

A Partial List of Mistakes in Treatment or from a Misdiagnosis Error

Not detecting or identifying cancer early enough
Not ordering the right tests that would have precisely identified the critically important diagnostic information.
Not recognizing and treating medical issues quickly, based on symptoms and lab reports
Mistakes with writing orders for prescription drugs and the client taking (or being given) too much.
Not checking and verifying negative lab results when other symptoms point to a problem.
Not treating infections aggressively, and resulting in loss of a limb or loss of finger or toes

Our medical attorneys must be allowed to move forward (to file a medical malpractice civil action) on birth injury claims with one of our birth trauma lawyers ASAP. No medical attorney near me gets to change the time limits (set by Georgia law) for suing medical professionals.

MLF’s medical injury lawyers have extensive experience in pursuing and handling complex claims. But, missing your time frame for suing is not “negotiable” or “available,” once the applicable legal time to sue expires.

Various Time Limits for Filing Certain Medical Malpractice Lawsuits in Georgia

Two different Legal phrases will be explained here. One is “statute of limitations.” The other, which is used or applicable in far fewer instances, is the “statute of repose.”

In medical error cases, the general rule is that all medical malpractice lawsuits must be filed within two (2) years of the injury or death occurring. See OCGA 9-3-71(a). Although the standard medical malpractice lawsuit has a two-year limitation period, certain exceptions exist by which that time limit may be different.

By way of example, if a surgeon negligently left a surgical glove or temporary clamp inside her or his patient’s body, this is fairly damning proof of malfeasance. So, Georgia laws allow for a separate “time limit” of 1 year following discovery of the object or objects “left behind.” This special act, under the Georgia Code can be found in O.C.G.A. Section 9-3-72.

“In contrast to a statute of limitation, a statute of repose serves as an absolute bar to a potential plaintiff’s right of action and effectively prevents a cause of action from ever accruing. More specifically, statutes of repose set clear deadlines for pursuing a legal action based on the passage of time or the occurrence of an event that does not itself cause harm or give rise to a potential lawsuit.”

Georgia laws also have a law of repose, stating that regardless of the patient or family’s awareness of the malpractice, barring instances of fraud, concealment, or misrepresentation, a healthcare provider cannot be sued for medical negligence or malpractice beyond five (5) years from the actual date of occurrence for that act of malpractice. This statute is found in OCGA Section 9-3-71(c).

The law of repose sets a time limit for filing a medical malpractice wrongful death lawsuit. This time limit is five years from when the malpractice occurred. It does not matter when the death happened. If more than five years have passed since the malpractice, the lawsuit cannot be filed by our Georgia personal injury attorneys.

One exception exists to this rule, for cases that were previously filed and then later re-submitted that same case complaint beyond the five-year “limit,” but only if it is re-filed as a modification of a previously submitted medical negligence case.

Both the child and their parents can make separate claims for medical expenses and other costs related to the child’s injury until they turn 18, as well as compensation for any loss of the child’s assistance at home.

In cases of medical negligence that took place before a child turns five, the lawsuit must be initiated by the time the child reaches seven years old. Medical malpractice claims must be filed within two (2) years of the medical negligence incident after the child’s fifth birthday.

Surgical or other Medical Procedure Error

Mistakes in organ transplants, plastic surgery, and leaving foreign objects in the body after surgery can happen.

Negligence by Other Healthcare Providers

Negligent patient supervision at a nursing home
Nursing home abuse or nursing negligence claims that occurred with a non-ambulatory resident.
Bed sores, or pressure ulcers from not being periodically rotated and repositioned.

Other Neglect and Medical Negligence

Various forms of medical negligence, including birth injuries, surgical errors, and billing malpractice, can lead to serious consequences.
Medical malpractice claims can include inadequate patient care, lack of supervision, recover for painful pressure ulcers (where patients have not been repositioned in a bed), and other forms of neglect in healthcare (e.g., not utilizing a Hoyer lift to transfer an immobile patient).

The lawyers at McArthur Firm take all necessary steps to ensure that our legal warriors “work up” every case as if the claim will need to be resolved at a trial. This level of extreme preparation assists our legal team in convincing the med mal insurance attorneys that they do not want to risk an “unacceptable” jury verdict at a trial. Many times, the over-the-top preparation assists our attorneys at MLF to settle cases through mediation instead of going to court.

The Prior Successes of Your Med Mal attorney near me. The defense lawyers hired by insurers to defend a doctor, RN, chiropractor, or dentist know that Kathy McArthur has a long history of courtroom success in obtaining large jury verdicts for our clients in medical malpractice cases. Our law firm’s “proven history” aids in settling a significant number of cases without the unpredictability and cost associated with a jury trial.

Our medical malpractice attorneys in Atlanta, GA work on a no win, no fee basis. This means you only pay when and if we win your case. You won’t have to pay any legal fees or upfront costs unless we secure a verdict or settlement for you.

The Categories of Compensation Available in Georgia Medical Malpractice Litigation

In Georgia, victims of medical malpractice can receive two types of damages:

Economic damages – This covers medical expenses, lost income, and future income lost due to the negligence that harmed you.
Non-economic damages – This compensates for intangible harm like pain and suffering, both past and future. If medical malpractice leads to a loved one’s death, MLF can help seek compensation for funeral costs and lost financial support.

Receive a FREE Legal Consultation Near Me when you Contact our Medical Negligence Attorneys

Our Atlanta medical malpractice lawyers in Atlanta and Macon GA have over 7 decades of have had decades of cumulative experience in this type of medical negligence litigation. Our long track record of success in these cases (nearly 45 years) merits meeting us for a face-to-face interview session. Dial 404-565-1621 to start your QUEST FOR JUSTICE.

More Medical Malpractice Resources

If you’d like to learn more about the different types of medical malpractice cases McArthur Law Firm handles, read our informative articles below. We explain all the different types of medical malpractice cases we handle.