Know Your Legal Rights for Medical Malpractice in Atlanta, Georgia
Being injured is no fun. Not knowing where to turn, who to believe, and what to do about your continuing medical bills is frustrating. Become your best health-care advocate and know where you can turn in Atlanta, Georgia to find the right Medical Malpractice Attorney for you.
According to the Journal of the American Medical Association (JAMA), Medical Negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer. Regrettably, many patients choose not to pursue valid medical malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear that it will lead to an increase in the cost of their medical care. And others waive valid claims due to the perceived personal and financial costs associated with litigation even most lawyers including those at The Brown Firm don't get paid unless you do. To avoid being a victim, you need to know how to proceed the right way. Our goal is to assist you down that path.
What is Medical Malpractice or Medical Negligence?
Medical malpractice occurs when a health-care provider or hospital facility deviates from the recognized “standard of care” in the treatment of a patient. Many medical malpractice cases turn on this question: What was the medical "standard of care" in the situation in question? The “standard of care” is based on the customary practices of the average physician given the scope of their practice, i.e., what the average physician would customarily or typically do in similar circumstances.
A malpractice claim exists when a provider’s negligence causes injury, death, or damages to a patient. The standard of care for physicians is that they must exercise such reasonable care and skill for their patients as, under similar conditions is ordinarily employed by the medical profession. Hospitals also owe their patients the duty of using reasonable care to furnish equipment and facilities suited to the purposes intended and such as are in general use under the same, or similar circumstances in hospitals of approximately the same size serving related areas or communities.
Medical Malpractice is a departure from good and accepted medical care causing injury. As with anyone, doctors are held accountable for their actions. To confirm evidence of wrongdoing, we have medical experts review your records before being able to start a lawsuit for your injuries. One of the greatest advantages the Brown Firm in Atlanta, Ga has is attorney Dr. Harry Brown Jr., who being a doctor, understands medical terminology and "standards of care" far beyond that of most practicing lawyers. Malpractice cases are one of the most hotly contested areas of law today. The defense attorneys we often encounter are extremely well educated and trained at defending these lawsuits. You need to have a competent Atlanta Attorney to steer your Medical Malpractice case in the right direction.
Questions to Ask your Attorney to Get the Right Information
The lawyer you choose must be able to interact with you regularly, spend time explaining the legal process, and give you an indication of what to expect down the road. The law firm must be able to educate you about your options thoroughly. Knowing this information will make you better informed. Hiring a lawyer is an important part of understanding your legal rights. Ask lots of questions and trust your instincts. Here are some excellent questions to ask your local Medical Negligence Attorney in Atlanta, Ga.
- Are you the type of person who will just turn the case over to the lawyer with instructions for him/her to call you when it’s over?
- Or do you think that you’ll want to hear from the lawyer frequently with updates and advice?
Find out about their Previous Results
- What was the outcome of the most recent case he or she worked on?
- How much is my case worth and is it similar to any previous cases you have worked on?
- Has the attorney or firm ever taken a case to trial? If so, what was the outcome?
- Ask the Attorney for any references from clients they have helped in the past.
- Has the attorney and his or her law firm won sizable awards for their clients?
Understand how your Case is Managed
- Will the attorney and their firm handle your case themselves or will they refer the matter to another law firm?
- Will you be interacting with other lawyers, paralegals or staff at the firm?
- Do other local Atlanta, Ga firms ever refer Medical Malpractice cases to this attorney and law firm?
Get the Resources you Desire
- Does the lawyer have access to expert witnesses and medical investigators?
- How many other people work at the law firm?
Don't Let Your Lawyer Make You Settle too Quickly
Many lawyers claim that they can “Settle your case fast!” and are proud of that fact. This sure does sound good, but they are probably going to settle for a lower amount than your case is worth. Don’t you think the insurance companies that deals with law firms like those firms looking for a fast settlement? There’s no incentive for the insurance company to offer top dollar to you because they know that the law firm isn’t going to take the case to trial. They’re perpetual settlers!
Insurance companies have many standard defenses including:
- The injury was an unforeseeable consequence of the initial condition/injury.
- Some other party handled causing the damage.
- The risk of the patient’s particular injury was a known, recognized, acceptable risk (acceptable to whom?).
- The injury was caused by a previous illness or disease.
- The damage was due to the patient’s non-compliance with prior medical advice.
Insurance companies will want to settle with an injured person directly if they can, this allows them to do so before the full extent of injuries are known, as well as stopping the injured person from hiring an experienced attorney who could increase the settlement value of the claim by their representation. An estimated 200,000 patients in the U.S. each year are killed due to medical errors. Only 15% of the Personal-Injury lawsuits filed annually involve medical malpractice claims, and more than 80% of those trials end with no payment whatsoever to the injured patient or their survivors.
What should you do if you suspect that you’ve been subjected to negligent care?
Contacting a seasoned malpractice attorney like the ones at The Brown Firm in Atlanta, Ga should be the first step. A thorough review of the case details, including everything from securing pertinent medical records, to interviews with the patient, family members, and friends will be conducted by the attorney to determine whether the case is actionable or not.
Know Georgia’s Statue of Limitations
The statute of limitations varies depending on the type of injury suffered. In Georgia, the general statute of limitations for a medical malpractice lawsuit is two years; however, there are rare exceptions that can either extend or shorten a patient’s time limit for filing a lawsuit.
The statute of limitations for Medical Malpractice in Georgia falls into one of two categories:
- Medical malpractice claims following a “failure to diagnose” may be given a limited extension by the court, depending on the facts of the claim. In these cases, the two-year time limit begins on the date the injury was realized.
- Medical malpractice claims resulting from an injury must be filed within two years from the date of the injury
If you or a loved one was injured due to the negligence of a doctor or hospital, it’s important to seek legal help immediately. If you don’t pursue your case within the statute of limitations, Georgia law can bar you from recovering compensation for your injuries. To contact the Best Atlanta Medical Negligence Lawyer today, please complete please click the link below.
Final Thoughts and A Free Offer for You
Improper diagnoses, incorrect interpretation of testing, and negligent supervision of trainees and many other common errors have led to disastrous results in many cases. Up to 200,000 patients are killed each year as a result of Preventable Medical Errors, yet only 10,000 cases of malpractice are filed each year. In the vast majority of cases. However, the fact that a poor medical outcome was caused by negligence is hidden from the patient.
The world of medical malpractice claims is a world unto its own. It has its unique customs and laws. We believe it is imperative that an experienced medical malpractice attorney is there to represent you.
The Brown Law Firm has served patients for over 10 years in some of the largest medical malpractice cases in the region.
But what we’re most proud of is the impact we have made for our clients. The work we do eases burdens on victims of medical negligence, helps them restore their quality of life, and allows them to move forward with their lives.
If you believe you or a loved one is a victim of Medical Malpractice, contact us today toll-free at (912) 200-9755 for a Free Consultation at our Atlanta, Georgia location or click the link below. We look forward to serving you.