Atlanta Medical Malpractice Lawyer

YOUR TRUSTED ATLANTA MEDICAL MALPRACTICE ATTORNEYS

Medical malpractice cases require insight into two exceptionally complicated areas: law and medicine. When you’ve suffered an injury as a result of a medical professional’s negligence, you want to find an Atlanta medical malpractice lawyer who understands the complex medical issues involved and can provide legal guidance and representation for complex cases. Understanding a healthcare provider’s actions, or lack thereof, is crucial in these scenarios.

It is crucial to consult an experienced lawyer for a Georgia medical malpractice case to ensure they are familiar with the specific laws and nuances of the state.

Our firm also understands the intricacies of medical malpractice insurance, which is crucial in navigating the complexities of these cases.

Chance, Forlines, Carter & King, PC offers just such understanding. Our personal injury lawyers have established themselves as Atlanta’s finest medical malpractice attorneys.

We’ve grown to understand the medicine, and we’ve forged deep connections with recognized medical experts who can help us analyze your case and establish what went wrong.

As a renowned medical malpractice law firm, we have extensive experience in handling medical negligence cases and are committed to obtaining favorable outcomes for our clients.

If you’ve been injured in Columbus, Decatur, or anywhere in the Atlanta, Georgia area and you need an experienced lawyer, please call Chance, Forlines, Carter & King, PC today at 404-760-7400 for a free consultation.

NO UPFRONT FEE ATLANTA MEDICAL MALPRACTICE ATTORNEY

We offer free consultations, and handle all our malpractice cases without any initial cost to our clients. we work on a contingency fee basis, meaning that you won’t incur any legal fees or upfront costs unless we win a verdict on your behalf.

SPEAK TO OUR ATLANTA LAWYERS

We place a lot of trust in medical professionals. And in many instances, we literally trust them with our lives. Doctors and nurses have difficult jobs, and most of them are ethical, committed professionals. The law has long recognized that a tragic outcome does not, by itself, qualify as medical malpractice.

However, medical professionals are still capable of making unacceptable mistakes, and those mistakes tend to result in devastating injuries to innocent patients. Patients expect competent care from their healthcare providers, and failure to provide this standard can lead to serious consequences, including medical malpractice. Medical malpractice often involves situations where a healthcare provider’s actions, or inaction, lead to patient harm or injury. Proving a medical malpractice claim often hinges on demonstrating a healthcare provider’s negligence, which involves gathering substantial evidence and expert testimony. Medical malpractice defense attorneys play a crucial role in defending against claims, ensuring that all aspects of the case are thoroughly examined and prepared for trial.

Medical malpractice law revolves around the concept of “standards of care.” A standard of care is an accepted method of treatment or prevention that a reasonably competent medical professional would be expected to follow in a given set of circumstances. Failure to follow a standard of care is often a form of negligence and is grounds for a legal claim.

If you are a victim of medical negligence, you shouldn’t try to determine on your own if your case qualifies as a malpractice lawsuit. We specialize in assisting medical malpractice victims, providing empathetic and tailored support to those harmed by medical negligence. Speak to us at a free consultation and give us the opportunity to evaluate your claim.

INTRODUCTION TO MEDICAL MALPRACTICE

Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected in their profession, resulting in harm or injury to a patient. This can happen in various settings, including hospitals, clinics, and doctor’s offices. Patients expect competent care from well-trained professionals when seeking treatment at a doctor’s office. Medical malpractice cases are often complex, involving intricate medical and legal issues that require the expertise of an Atlanta medical malpractice attorney. If you suspect medical malpractice, it is crucial to seek the advice of a medical malpractice lawyer who can guide you through the process of filing a medical malpractice claim. An experienced attorney can help you understand the legal aspects, gather necessary evidence, and build a strong case to prove medical malpractice.

WHAT IS MEDICAL MALPRACTICE?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide adequate care to a patient, resulting in injury or harm. Medical error is a significant aspect of medical malpractice, often leading to severe consequences and being a leading cause of death in the U.S. This can happen in various ways, including misdiagnosis, delayed diagnosis, surgical errors, medication errors, and birth injuries. Proving a medical malpractice claim often hinges on demonstrating a healthcare provider’s negligence. This involves gathering evidence linking the negligence to the injury and understanding the legal standards concerning what constitutes adequate care. Medical malpractice can have severe consequences, including physical harm, emotional distress, and even death. In Atlanta, GA, medical malpractice cases are governed by Georgia law, which requires healthcare providers to meet a certain standard of care.

Definition of Medical Malpractice

Medical malpractice refers to the failure of a healthcare provider to meet the standard of care expected in their profession, resulting in harm or injury to a patient. This can occur in various forms, including misdiagnosis, delayed diagnosis, surgical errors, medication errors, and birth injuries. Medical malpractice can be committed by any healthcare provider, including doctors, nurses, hospitals, and medical facilities.

In Georgia, medical malpractice is defined as a deviation from the standard of care that a reasonably prudent healthcare provider would have provided under similar circumstances. To establish a medical malpractice claim, the plaintiff must prove that the healthcare provider breached the standard of care, resulting in harm or injury to the patient.

Examples of Medical Malpractice

Medical malpractice can take many forms, and it’s essential to understand the different types of malpractice that can occur. Here are some examples of medical malpractice:

1. Misdiagnosis: A doctor fails to diagnose a patient’s condition correctly, leading to delayed or inappropriate treatment. For instance, a patient with a severe case of pneumonia may be misdiagnosed with a common cold, resulting in delayed antibiotic treatment. Misdiagnosis can lead to significant health deterioration and even life-threatening situations.
2. Surgical Errors: A surgeon performs the wrong procedure, operates on the wrong body part, or leaves a foreign object inside the patient’s body. For example, a patient undergoing a routine gallbladder removal surgery may have their small intestine accidentally cut, leading to severe complications. Surgical errors can result in prolonged recovery times, additional surgeries, and increased medical expenses.
3. Medication Errors: A doctor prescribes the wrong medication, the wrong dosage, or fails to consider a patient’s allergies or medical history. For instance, a patient with a known allergy to penicillin may be prescribed a penicillin-based antibiotic, leading to a severe allergic reaction. Medication errors can cause adverse drug reactions, worsening of the condition, or even death.
4. Birth Injuries: A doctor or medical professional fails to properly monitor a mother during childbirth, leading to birth injuries such as cerebral palsy, Erb’s palsy, or brachial plexus injuries. These injuries can have lifelong consequences for the child and significant emotional and financial impacts on the family.
5. Failure to Monitor: A doctor or medical professional fails to properly monitor a patient’s condition, leading to delayed or inadequate treatment. For example, a patient with a severe case of sepsis may not receive timely antibiotics, leading to organ failure. Proper monitoring is crucial to ensure timely and appropriate medical interventions.
6. Hospital-Acquired Infections: A patient contracts an infection while in the hospital due to poor sanitation, inadequate hand hygiene, or contaminated medical equipment. Hospital-acquired infections can lead to extended hospital stays, additional treatments, and increased medical costs.
7. Anesthesia Errors: An anesthesiologist administers the wrong amount of anesthesia, fails to properly monitor a patient’s vital signs, or uses defective equipment, leading to anesthesia-related complications. These errors can result in severe injury, brain damage, or even death.
8. Delayed Treatment: A doctor or medical professional delays treatment, leading to worsening of a patient’s condition. For instance, a patient with a severe case of appendicitis may not receive timely surgery, leading to perforation of the appendix and peritonitis. Delayed treatment can cause preventable complications and increased suffering.
9. Failure to Refer: A doctor fails to refer a patient to a specialist or fails to seek a second opinion, leading to delayed or inadequate treatment. Specialist referrals are often necessary for accurate diagnosis and effective treatment plans.
10. Medical Record Errors: A doctor or medical professional fails to accurately document a patient’s medical history, leading to misdiagnosis or delayed treatment. Accurate medical records are essential for providing appropriate and timely care.

These examples illustrate the various ways in which medical malpractice can occur. If you or a loved one has been a victim of medical malpractice, it’s essential to seek the help of an experienced Atlanta medical malpractice lawyer to ensure that your rights are protected and that you receive the compensation you deserve.

Importance of Seeking Legal Action

If you or a loved one has been a victim of medical malpractice, it is essential to seek legal action to protect your rights and interests. Medical malpractice can result in significant financial losses, including medical expenses, lost wages, and future medical expenses. A medical malpractice lawsuit can help you recover these losses and hold the responsible healthcare provider accountable for their actions.

Seeking legal action can also help prevent similar incidents from occurring in the future. By holding healthcare providers accountable for their actions, medical malpractice lawsuits can promote better patient care and safety.

TYPES OF MEDICAL MALPRACTICE

Medical malpractice can manifest in several ways, each with potentially devastating consequences. Misdiagnosis occurs when a healthcare provider fails to properly diagnose a medical condition, leading to incorrect or delayed treatment. Delayed diagnosis, on the other hand, happens when a condition is not diagnosed in a timely manner, allowing the illness to progress unchecked. Surgical errors can occur during operations, such as performing the wrong procedure or leaving surgical instruments inside the patient. Medication errors involve administering the wrong medication or dosage, or failing to consider a patient’s allergies. Proper medication administration is critical to prevent these dangerous errors, as mistakes can lead to severe consequences, including significant injuries or fatalities. Birth injuries can happen during childbirth, affecting both the mother and the baby, and can result in lifelong complications. An Atlanta medical malpractice attorney can help victims navigate the complex process of filing a medical malpractice lawsuit, ensuring that their rights are protected and they receive the compensation they deserve.

HOW DO I PROVE MALPRACTICE IN GEORGIA?

To prove a medical malpractice lawsuit in Georgia, you would need to follow these essential steps:

1. Establish a Doctor-Patient Relationship: You must demonstrate that there was a formal doctor-patient relationship, which creates a duty of care towards you.
2. Show Breach of Duty: Prove that the healthcare provider failed to meet the standard of care that a competent professional in the same field would provide under similar circumstances. This often involves expert testimony to define what the standard of care is and how it was breached.
3. Link the Breach to the Injury: Establish causation by showing that the healthcare provider’s negligence directly resulted in you being injured. This may also require expert testimony to draw a clear connection between the breach of duty and the injury suffered. The challenges faced in medical malpractice lawsuits are significant, and having experienced lawyers is crucial to navigate the legal complexities and secure the compensation you deserve.
4. Demonstrate Damages: Finally, prove that when you got injured, your injury resulted in specific damages, such as pain, suffering, additional medical bills, loss of earning capacity, etc.

In a Georgia medical malpractice case, it is essential to understand the specific legal requirements and nuances involved. Consulting an experienced medical malpractice lawyer in Georgia can help assess the viability of your case and ensure that all legal elements are properly addressed.

MOST COMMON TYPES OF MEDICAL MALPRACTICE CLAIMS

Every malpractice claim is unique, and the compensation you can pursue will be determined by the specific circumstances of your case. And no medical malpractice attorney can promise you a specific result.

However, our specialized experience has proven invaluable for many clients, and finding the right lawyer will greatly help your case. We have helped clients who have been hurt by:

• Anesthesia errors
• Failure to diagnose
• Surgical errors
• Birth injuries
• Post-operative infections

It’s important to note that other healthcare providers, such as nurses and anesthesiologists, can also contribute to patient harm through negligence.

We understand your particular set of circumstances might not fall under one of the general case types listed above. Our experienced attorneys still want to talk to you about your injuries. We’ll connect you with proven, recognized doctors who can evaluate your injuries, advise us on the important medical details of your case and help you find the proper treatment.

BENEFITS OF HIRING A MEDICAL MALPRACTICE LAWYER

If you or a loved one has been a victim of medical malpractice, hiring a medical malpractice lawyer can be beneficial in several ways. A medical malpractice lawyer can help you navigate the complex legal process, gather evidence, and build a strong case against the healthcare provider. They can also negotiate with insurance companies and advocate for your rights in court. Additionally, a medical malpractice lawyer can help you recover fair compensation for your medical expenses, lost wages, pain and suffering, and other damages. In Atlanta, GA, medical malpractice lawyers have extensive experience in handling personal injury cases, including medical malpractice, and can provide you with the expertise and support you need.

ROLE OF AN ATLANTA MEDICAL MALPRACTICE LAWYER

An Atlanta medical malpractice lawyer plays a crucial role in helping victims of medical malpractice seek justice and recover compensation for their losses. A medical malpractice attorney will thoroughly investigate your case, gather evidence, and build a compelling argument to prove medical malpractice. They will negotiate with insurance companies and healthcare providers to reach a fair settlement. If a settlement cannot be reached, an Atlanta medical malpractice lawyer is prepared to take the case to trial to fight for your rights. It is essential for patients to receive necessary treatment from healthcare providers to avoid significant harm and complications. With their expertise and knowledge of Georgia law, an Atlanta medical malpractice attorney can guide you through the complex process of filing a medical malpractice claim, ensuring that you receive the compensation you deserve for your medical expenses, lost wages, and pain and suffering.

CHOOSING THE RIGHT MEDICAL MALPRACTICE ATTORNEY

Choosing the right medical malpractice attorney is crucial to the success of your case. When selecting a medical malpractice attorney, consider their experience, expertise, and reputation. Look for an attorney who has a proven track record of handling medical malpractice cases in Atlanta, GA, and who has a deep understanding of Georgia medical malpractice law. It’s also essential to choose an attorney who is compassionate, responsive, and committed to providing personalized service. At our law firm, our medical malpractice attorneys have decades of experience in handling medical malpractice cases and are dedicated to providing exceptional service and results. They can help you assess whether you have a viable medical malpractice case, ensuring that you understand the key legal elements and practical considerations involved.

QUALITIES OF A TOP-RATED MEDICAL MALPRACTICE ATTORNEY

When seeking a medical malpractice attorney, it is essential to look for certain qualities that can ensure a successful outcome. A top-rated medical malpractice attorney should have:

• Extensive experience in handling medical malpractice cases
• A deep understanding of medical malpractice law and the standard of care expected in the medical profession
• Excellent communication and negotiation skills
• A proven track record of success in medical malpractice cases
• A commitment to providing personalized attention and service to clients

In Atlanta, GA, there are several top-rated medical malpractice attorneys who possess these qualities. When selecting an attorney, it is essential to research their experience, reputation, and success rate in medical malpractice cases. It’s also essential to choose an attorney who is compassionate, responsive, and committed to providing personalized service.se qualities. When selecting an attorney, it is essential to research their experience, reputation, and success rate in medical malpractice cases.

FACTORS FOR SUCCESSFUL MEDICAL INJURY CASES

the medical negligence attorneys at LOURIE, CHANCE, FORLINES, CARTER & KING, PC know that winning medical injury cases rely on two crucial factors: thorough evidence gathering and adept navigation of the unpredictable legal proceedings.

EVIDENCE

We conduct thorough investigations to gather all relevant evidence necessary for a successful malpractice claim. We start with attaining certified copies of medical bills and records, radiology films, and, whenever applicable, an “audit trail,” which comprises electronic data enabling us to track all medical care providers who accessed the records, along with any modifications made. In certain instances, we also acquire SMS (text messages), emails, and all other forms of communication among providers regarding the patient’s care. Additionally, we interview witnesses and depose medical care providers involved in the patient’s treatment.

EXPERTS

Every medical malpractice claim in Atlanta necessitates the involvement of an expert witness to establish the applicable “standard of care” for that specific case – what a reasonably prudent healthcare provider would do in similar circumstances. Expert testimony is crucial to demonstrate how a provider breached this standard and how this breach caused the victim’s injury. LOURIE, CHANCE, FORLINES, CARTER & KING, PC collaborates with highly qualified experts across medical fields to ensure we have the best professionals evaluating your case.

CHANCE, FORLINES, CARTER & KING, PC works on every medical malpractice case as if it is proceeding to trial. This unique approach always facilitates the resolution of cases through mediation. Defense attorneys knowledgeable in negligence are aware of our track record of securing substantial verdicts for our Atlanta medical malpractice clients, which often enables us to resolve numerous cases without the ambiguity and high costs associated with jury trials. Our reputation as dedicated Atlanta medical malpractice lawyers committed to achieving favorable outcomes underscores our success in advocating for clients who have suffered due to medical errors.

COMMON CHALLENGES IN MEDICAL MALPRACTICE CLAIMS

Victims of medical malpractice often face several challenges when filing a medical malpractice claim. One of the biggest hurdles is proving that a healthcare provider was negligent and that their negligence directly resulted in harm or injury to the patient. Medical errors, such as misdiagnoses, surgical mistakes, and medication errors, can significantly impact the patient’s condition, making it crucial to monitor and be aware of any changes. This requires substantial evidence and expert testimony to establish the standard of care and how it was breached. Another challenge is dealing with insurance companies and healthcare providers who may attempt to deny or minimize their liability. Additionally, medical malpractice cases are inherently complex and require significant time and resources to investigate and build a strong case. An Atlanta medical malpractice attorney can help overcome these challenges by providing expert guidance and representation throughout the process.

OVERCOMING CHALLENGES

To overcome the challenges of filing a medical malpractice claim, it is essential to work with an experienced Atlanta medical malpractice attorney. A medical malpractice lawyer can help gather evidence, build a strong case, and negotiate with insurance companies and healthcare providers. They can also provide guidance and support throughout the process, ensuring that their clients receive the compensation they deserve. The standard of care in medical malpractice cases is determined by what a reasonably competent and skilled healthcare professional, operating within the same medical community, would do under similar circumstances. With their knowledge of Georgia law and their experience in handling medical malpractice cases, an Atlanta medical malpractice attorney can help victims of medical malpractice overcome the challenges of filing a medical malpractice claim and achieve a successful outcome. By seeking the advice of a medical malpractice lawyer, victims of medical malpractice can ensure that their rights are protected and that they receive the justice and compensation they deserve.

HOW MEDICAL MALPRACTICE LAWYERS HANDLE CASES

Medical malpractice lawyers handle cases in a variety of ways, depending on the specific circumstances of the case. Typically, a medical malpractice lawyer will begin by reviewing your medical records and gathering evidence to support your claim. They will then conduct interviews with medical professionals, experts, and other witnesses to build a strong case against the healthcare provider, often relying on expert testimony to establish the standard of care and how it was breached. If necessary, they will negotiate with insurance companies and advocate for your rights in court. Throughout the process, a medical malpractice lawyer will keep you informed and involved, ensuring that you receive the compensation and justice you deserve. In Atlanta, GA, medical malpractice lawyers are committed to providing exceptional service and results for their clients, including compensation for ongoing medical care.

SETTLEMENTS YOU CAN RECOVER IN AN ATLANTA MEDICAL MALPRACTICE CASE?

Under Georgia law, in a medical malpractice case, an injured party may be entitled to various economic and non-economic damages, including:

• Coverage for lost income
• Coverage for medical expenses, that occurred in the past due to the incident or that are due in the future.
• Compensation for intangible harm such as emotional suffering or pain, this also includes both past and future suffering.
• If the malpractice resulted in brain injuries or the wrongful death of a loved one, we can pursue economic compensation for loss of financial support, as well as coverage for funeral expenses in wrongful death cases.

Learn more about medical malpractice claims in our blog

If you live in Columbus, Decatur, or anywhere in the Atlanta, Georgia area and you’ve been victimized by medical malpractice, our attorneys can help. Please contact Chance, Forlines, Carter & King, PC

WHAT IS THE MALPRACTICE CAP IN GEORGIA?

As of the most recent updates, Georgia does not have a cap on economic damages in medical malpractice cases, meaning compensation for direct economic losses like medical bills and lost wages can be fully claimed. However, Georgia’s Supreme Court ruled in 2010 that caps on noneconomic damages like pain and suffering were unconstitutional. Thus, there are no longer any statutory limits on the amount that can be awarded for such damages in medical malpractice suits in Georgia. This ruling allows plaintiffs to potentially receive higher compensations based on jury awards without a capped limit, in accordance with federal law.

Georgia medical malpractice stats

Surgery errors
accounted for about

34

%

of inpatient claims

Errors in diagnosis
made up about

46

%

claims for outpatient incidents

CALCULATING DAMAGES IN MEDICAL MALPRACTICE CASES

Calculating damages in medical malpractice cases is a complex process that requires a thorough understanding of both medical and legal principles. Atlanta medical malpractice attorneys, like those at The Moses Firm, work closely with medical experts to assess the full extent of the harm caused by the healthcare provider’s negligence. This assessment includes evaluating the patient’s current medical condition, the impact of the injury on their quality of life, and the financial implications of ongoing medical care.

Damages in medical malpractice cases can be categorized into several types. Medical expenses cover the cost of past and future medical treatments, including hospital bills, surgeries, and rehabilitation. Lost wages compensate for the income lost due to the inability to work. Pain and suffering address the physical and emotional distress caused by the injury. In some cases, punitive damages may be awarded to punish the healthcare provider for particularly egregious negligence.

Atlanta medical malpractice attorneys have a proven track record of securing fair compensation for their clients. By meticulously calculating all potential damages, they ensure that victims receive the financial support they need to recover and move forward with their lives.

FILING A MEDICAL MALPRACTICE CLAIM IN GEORGIA

Filing a medical malpractice claim in Georgia involves several critical steps, each requiring a detailed understanding of the state’s legal requirements. Medical malpractice attorneys in Atlanta, such as those at Cunningham Bounds, are well-versed in these procedures and can guide clients through the process to ensure their rights are protected.

The first step in filing a medical malpractice claim is obtaining your medical records. These records provide essential evidence of the care you received and any deviations from the standard of care. Once you have your records, consulting with a medical malpractice lawyer is crucial. The lawyer will review the records to determine if a viable medical malpractice case exists.

If the lawyer determines that you have a viable case, they will file a claim on your behalf. This involves drafting and submitting a complaint that outlines the details of the alleged malpractice and the damages you are seeking. Under Georgia law, medical malpractice claims must be filed within two years of the date of the injury or death. This statute of limitations makes it essential to act promptly.

Throughout the process, your medical malpractice attorney will work to secure fair compensation for your medical expenses, lost wages, and other damages. Their expertise and dedication ensure that you have the best possible chance of achieving a successful outcome.

OUR PARTNERS

Representing clients in Atlanta, Augusta, Columbus, Macon, Savannah, Gainesville, Lawrenceville, Decatur, Jonesboro & throughout Georgia

Stephen Chance

PARTNER

Lindsay Forlines

PARTNER

Xavier O. Carter

PARTNER

Andrew King

PARTNER

VIEW OUR TEAM

CLIENT TESTIMONIALS AND SUCCESS STORIES

At The Moses Firm, we take great pride in our track record of success in medical malpractice cases. Our clients consistently report high levels of satisfaction with our services, highlighting our compassion, expertise, and unwavering commitment to justice.

One client, who suffered a devastating birth injury, described our firm as “a breath of fresh air” and praised our team for fighting tirelessly to secure fair compensation. Another client, who was injured due to a medication error, shared that our firm “was always available” and kept them informed every step of the way.

These testimonials reflect our dedication to providing exceptional service and achieving the best possible outcomes for our clients. We understand the profound impact that medical malpractice can have on individuals and families, and we are committed to helping our clients navigate these challenging times with confidence and support.

RECENT CASE RESULTS

Our firm has recently achieved several significant victories in medical malpractice cases, demonstrating our expertise and commitment to securing fair compensation for our clients. In one notable case, we secured a $47 million jury verdict for a client who suffered a devastating injury due to a surgical error. This landmark verdict underscores our ability to effectively advocate for our clients in court.

In another case, we obtained a $13.5 million settlement for a client who suffered brain damage due to a medication error. This substantial settlement highlights our skill in negotiating favorable outcomes for our clients, even in complex and challenging cases.

These results are a testament to our proven track record of success in medical malpractice cases. Atlanta medical malpractice attorneys at The Moses Firm are dedicated to providing the guidance and support clients need to navigate the complex legal process and achieve the justice they deserve.

READY TO TAKE THE NEXT STEP? CONTACT OUR ATLANTA, GA LAW FIRM TODAY

Whatever the circumstances of your case, don’t hesitate to arrange a consultation with our firm. We will discuss the severity of your injuries and help you determine if we are the right firm for your Medical Malpractice case.

If you’ve been injured in the Atlanta, Georgia area and you want to speak to an experienced Medical Malpractice attorney,  please contact Chance, Forlines, Carter & King, PC today for a no-cost consultation.