Medical Malpractice Lawyer in Smyrna, GA | Injured by a Negligent Doctor in Smyrna?
Importance of a Medical Malpractice Lawyer in Smyrna, GA
If you are a victim of medical malpractice, the first thing you should know is that the law tends to favor insurance companies and doctors, not injured patients. This puts victims of medical malpractice at a distinct disadvantage.
Hiring a medical malpractice lawyer will help you level the playing field so you can concentrate on recovering from your serious injuries, not on trying to win the case. Additionally, medical malpractice lawyers can work with health care providers to help you build a strong case for your medical malpractice claim.
Here at The Brown Firm, our medical malpractice defense attorneys know the intricacies of malpractice laws. Our experienced team is standing by to hear your case. Call today for a free medical injury consultation.
Scroll down to read more about the different types of medical malpractice and the reasons medical malpractice occurs.
Harry Brown, Jr., DC, JD
Table of Contents
What Are the Common Types of Medical Malpractice?
Prescription Drug Errors
Medication errors hurt around 1.3 million people in the United States each year. In rare cases, the patient is given an incorrect drug when their doctor or pharmacist issues the incorrect prescription.
Medication errors commonly occur due to dosage errors. A nurse may administer more or less medication to a patient than is required. Hospital equipment could also be a factor. A dosing error can occur if a patient is given medicine via a pump and the equipment malfunctions or did not work properly in the first place.
One study found that over half of fatal drug errors happened in patients over the age of 60, possibly because the older population uses more prescriptions than younger people.
For a surgical injury to be considered medical malpractice, the doctor performing the surgical procedure must fail to follow the proper standard of care, and the error must be the actual cause of the harm.
You would not be able to file a malpractice claim if the surgeon upheld the necessary standard of care. If the surgeon acted reasonably and prudently and a complication still arose during the surgery, the doctor cannot be sued.
Common surgical errors include:
Cutting a nerve
Operating on the wrong area
Cutting the wrong location
Leaving a sponge or surgical instrument inside the body
Perforating an organ and failing to repair it
Not asking the patient for a complete medical history
The surgeon is unprepared
Performing an unnecessary surgery
Failure To Treat
Failure to treat or diagnose occurs when a doctor, nurse, or healthcare professional fails to take the appropriate measures to treat or diagnose a patient’s illness, resulting in further injury.
Diagnosis of an illness based on faulty test findings
Failure to carry out the necessary tests and procedures
Failure to send a patient to a specialist when the medical condition necessitates it
Inaccurate interpretation of test data, resulting in an incorrect diagnosis and treatment
Failure to treat or diagnose a patient at all if they cannot pay
Not informing a patient of all possible treatment alternatives
Delaying diagnosis or treatment when the illness requires immediate action
Most birth injuries occur during labor and delivery. According to one estimate, approximately 7 of every 1,000 newborns born in the United States suffer from a birth injury.
Common birth injuries include:
Hypoxic Ischemic Encephalopathy (HIE)
Intrauterine Fetal Demise
Vacuum Extraction Complications
Spinal Cord Injuries
The most common type of medical negligence is a missed diagnosis. A delayed diagnosis may lead to harmful effects or ineffective treatment and can even result in death. A doctor must be properly trained to diagnose a patient’s condition and should be able to tell whether they’re suffering from a specific disease.
Despite this common type of medical negligence, it can rise to the level of medical malpractice. Misdiagnosis can cause extreme damage, especially if the patient was prescribed incorrect treatments or medications for an illness they did not have.
Defective Medical Devices
In some malpractice situations, parties other than medical practitioners may also be held accountable.
Patients who were given defective medical devices run the risk of suffering harm if they don’t perform as intended. the For instance, some blood clot-prevention devices, or IVC filters, can malfunction, spread to the bloodstream, and result in catastrophic harm or even death. In other situations, the device may fail to deliver the claimed health advantages, causing the patient’s condition to deteriorate.
Manufacturers are responsible for the victims’ damages if they knew about the flaw or should have known about it.
What Is the Most Common Reason for Medical Malpractice in Smyrna?
One of the most common reasons for a medical malpractice lawsuit is an error during a surgical procedure. This can lead to an injury or death. There have been reported cases of medical professionals leaving surgical instruments or supplies inside a patient.
Another common example of medical malpractice is a doctor performing surgery on the wrong body part, such as a kidney. Back in 2018, a Florida woman went in for spinal surgery and left without one of her kidneys. The physician thought her low-hanging kidney was a tumor and decided to remove it without her consent.
There are several reasons for medical malpractice, some of which are more likely to occur than others. Another type of malpractice injury can result from a misdiagnosis, where a doctor fails to properly diagnose the patient’s condition, leading to unnecessary treatment or not ordering the proper tests. Malpractice is also when the physician neglects to review a patient’s medical records, or they might have interpreted the medical records incorrectly, causing the patient to have more serious complications.
What Kind of Complications Can You Experience From Improper Treatment?
As a patient, you are entitled to get proper treatment and high-quality medical care from healthcare facilities. But when you suffer complications due to the actions of negligent medical experts, then that is where medical negligence and malpractice comes in.
Urinary Tract Infections
Traumatic Brain Injury
How Do You Identify Medical Malpractice?
Identifying medical malpractice can be difficult. Medical malpractice occurs when a health care provider fails to provide the required level of care, resulting in injury or death. According to a 2016 John Hopkins study, medical errors are the third leading cause of death in the U.S. and result in the death of 250,000 people each year.
Identifying a medical malpractice case involves determining the cause of the injury or death. To determine if a doctor has committed medical malpractice, a doctor does not act with reasonable care and skill in treating you. The doctor must breach their legal duty to “do no harm” and, in turn, cause harm to the patient.
There are many reasons why a doctor may have failed you, including lack of training, improper equipment, or inexperience.
What Is a Good Example of Medical Negligence?
Medical negligence occurs when a healthcare provider makes an error that causes harm to a patient. While medical malpractice is often referred to as the act of causing harm to a patient, medical negligence is different. Medical negligence is when a medical provider is negligent without intentionally harming the patient, but the mistake will lead to a negative effect.
Sometimes, medical negligence may go unnoticed. For example, a doctor might overlook an important sign and fail to order the necessary test. This could have disastrous consequences, such as a life-threatening blood clot.
In other instances, the doctor may have performed well on the rest of the patient’s case but failed to notice some of the patient’s symptoms. Sometimes, the doctor may even dismiss a classic symptom because it was unrelated to the patient’s illness.
Ready to Talk to a Medical Malpractice Lawyer Who Has Your Back?
Medical Malpractice Lawyer Near Me in Smyrna
When looking for medical malpractice law firms in Smyrna that specialize in medical malpractice claims, there are a lot of things to consider. The law firm you’re looking for should offer the best ease for their clients, have an experienced medical malpractice attorney backed up by legitimate credentials, and offer budget-friendly contingency fees.
Here are some questions you should ask yourself when considering what law firm to choose:
Level of Comfort – Are you comfortable sharing personal information with the lawyer? Is the lawyer genuinely interested in resolving your issue?
Credentials – How long has your medical malpractice attorney been practicing law? Is the medical malpractice attorney experienced in cases comparable to yours?
Cost – Is the lawyer’s contingency fee higher than other law firms in Smyrna? Can your lawyer provide you with an estimate of the cost of your case?
Get a Free Consultation from an Experienced Smyrna Attorney Today
The healthcare industry is full of qualified healthcare professionals and medical providers. Doctors are human, and there are bound to be avoidable and unavoidable mistakes. In the event that a medical error is made, that medical worker can be subjected to a breach of duty if a patient is harmed. Any individual who suffered harm caused by a medical malpractice issue is considered in violation of their legal rights.
If you suffered a personal injury from a healthcare provider, consult a reputable law firm right away to conduct a thorough investigation of your case. If an injury or wrongful death is proven to be caused by a hospital employee’s error, or the hospital’s medical equipment, then you have a case.
Hold your Smyrna healthcare professional liable for your catastrophic injury. Take action for the compensation you deserve. The Brown Firm represents clients and handles their legal issues with trust.
Don’t wait – get a free case evaluation from our experienced lawyers today. We know the law, and we want to help you get the compensation you deserve.
Contact the Best Smyrna Medical Malpractice Lawyer Today!
Frequently Asked Questions About Smyrna Medical Malpractice
After a medical injury, you probably have a lot of questions.
Here, our Smyrna medical malpractice lawyers answer some of your most common questions.
Is a Medical Malpractice Lawsuit Settlement Taxable?
It is important to understand whether or not your medical malpractice lawsuit settlement is taxable. While the majority of your settlement has tax exemption, certain portions may be taxable.
In such a case, you should consult a professional for guidance. To determine if your particular settlement is taxable, check with your state's tax code. A medical malpractice attorney will be able to guide you through the process.
First, consider whether you will be receiving compensation for your emotional distress. If you receive an award for pain and suffering, the amount will be taxable. Incurred medical expenses, on the other hand, would be tax-free.
Discuss your options with your medical malpractice lawyer to ensure that you receive the most tax-friendly settlement.
What Constitutes Medical Malpractice in Georgia?
When a doctor falls short of the acceptable standard of care expected of them, it is considered medical malpractice in Smyrna. This could involve misdiagnosing a condition, giving the wrong prescription, or conducting surgery improperly.
In other words, it is the standard of care anticipated of medical professionals working in a related field. A doctor who breaches the duty of care may be held accountable for any losses brought on by their carelessness.
Economic losses (such as missed pay) and non-economic losses are both included in the term "damages" (such as pain and suffering). The plaintiff must demonstrate that the defendant did not treat the patient with reasonable care and skill.
Additionally, the plaintiff must demonstrate that the defendant's actions fell short of what medical professionals practicing in the same specialty would have done in the same situation. Contact The Brown Firm right away if you think a medical error caused your suffering.
Can I Sue My Doctor For Not Helping Me?
Medical malpractice lawsuits are often challenging to win because the plaintiff must show that the doctor's negligence caused injury or damage to the patient. This makes these cases especially difficult to win for the average patient.
Unfortunately, even the most knowledgeable medical professionals can make mistakes, and sometimes, they are unaware of the consequences of their actions.
While medical malpractice lawsuits may seem like a last resort, there are essential steps towards compensation for your suffering. The damages that you can recover can include lost wages, medical bills, and pain and suffering. A medical malpractice suit against a negligent doctor can also serve as a wake-up call for future doctors.
What Is the Highest Medical Malpractice Settlement?
In recent years, one of the highest medical malpractice settlements in the United States was awarded to a woman whose unborn daughter was born with cerebral palsy. In 2010, California doctors failed to properly deliver her child and then tried to cover it up by falsifying medical records. The lead physician failed to assess contractions, chose not to perform an episiotomy, and did not use forceps during delivery resulting in the infant suffering from cerebral palsy. The family was awarded $74.5 million.
Another case in which a Florida man, Allan Navarro, went to the emergency room because he thought he had suffered a stroke but was sent home with opioids and a misdiagnosis of sinusitis. He even told doctors that his family has a history of strokes. He returned to the hospital a day later, needing emergency surgery. Once an athlete, Navarro is now paralyzed and confined to a wheelchair, where he requires total care. The jury awarded him $216.8 million in compensatory and punitive damages.
What Are the 3 Most Common Types of Medical Negligence?
Whether you suffer from a chronic illness or an unexpected injury, medical malpractice cases often involve a doctor's negligence or incompetence. To establish medical malpractice, you must be able to prove that your doctor's actions caused you harm. This usually requires the help of an expert medical witness.
In many medical malpractice cases, a competent physician could have identified your condition sooner or made a different diagnosis, leading to a better outcome. Misdiagnosis is a common medical malpractice claim that can arise when a doctor fails to diagnose a medical condition. The claim may even include damages for medication or treatments prescribed when diagnosed with the incorrect disorder.
Surgical procedures and medical treatments where a medical professional fails to follow the accepted standards of care, causing harm to a patient are also common. All surgical procedures are a risk, but there is a difference between known and acceptable surgical complications and medical errors. Your lawyer must prove that you suffered because of a medical error, which is something that could have been preventable.
Childbirth is a subcategory of the above. If an obstetrician fails to diagnose a condition or fails to induce labor if the baby is in distress. Some of these mistakes can be the cause of birth injuries, such as shoulder dystocia, cerebral palsy, or a ruptured spinal cord.
Drug errors are also common and affect 1.5 million people a year.
- Pharmacists may fill the wrong prescription or the wrong dosage.
- A doctor may call in the wrong prescription or the wrong dosage.
- A doctor may overprescribe a drug such as opioids.
- A nurse may administer an incorrect intravenous drug or dosage during a hospital stay.
- An anesthesiologist may administer the wrong dosage during a surgical procedure or may not have read the patient's file for red flags on why they may not do well with a certain anesthetic.
A medical malpractice claim must have evidence to support it, including the existence of a doctor-patient relationship and a causal connection between the health care provider and the injury. Moreover, injuries caused by negligence must be sufficiently severe to justify a medical malpractice claim.
How Do I Claim Medical Negligence?
For the best chance of a successful recovery, you should speak with a personal injury attorney that focuses on medical malpractice claims if you were hurt as a result of medical carelessness. You can file a claim against the negligent doctor, hospital, or healthcare provider with the assistance of a personal injury legal company, which can also assist you in getting the most money possible for your losses.
The initial step is to file a lawsuit. Calling The Brown Firm's skilled professionals for a free consultation in Smyrna, Georgia is the most effective approach to do this.
Contact The Brown Firm
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Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.