Athens Medical Malpractice LawyerRequest Free Consultation
Medical malpractice refers to the failure of a health care provider to use the correct amount of care when treating a patient. This type of tort, or wrongdoing, can have serious consequences for a victim, including severe injuries and expensive medical bills. At Dan Chapman & Associates, LLC, our Athens medical malpractice attorneys are dedicated to helping injured patients. We understand this complicated area of law and what it takes to achieve real results for our clients. Call us today at (678) 504-8564 to set up a free case consultation.
Why You Need an Athens Medical Malpractice Attorney
An attorney with experience in medical malpractice law will have the specialized knowledge necessary to build the strongest possible claim to damages on your behalf. You can trust your lawyer to investigate the doctor or hospital, gather key evidence, and craft a compelling claim on your behalf. Furthermore, your lawyer can use aggressive legal strategies to go up against a powerful defendant, such as the legal team and insurance provider of a hospital in Athens. You can trust your attorney to take care of the legal elements of your medical malpractice case for you so that you can spend your time and energy on healing.
Georgia Medical Malpractice Laws
Medical malpractice is the failure of a hospital, clinic, doctor, nurse or other health care provider to meet the required standards of patient care. The medical industry sets strict standards for what is acceptable when diagnosing and treating a patient. If a medical professional falls short of these standards, either negligently or knowingly, and this causes an injury, the patient can file a medical malpractice lawsuit.
According to Georgia Code Section 9-3-70, an action for medical malpractice is a claim for damages (financial compensation) for the death of or injury to any person that arises out of health, medical, dental or other treatment or care rendered by an authorized professional, health care facility or employee acting within the scope of employment. Georgia law gives plaintiffs two years from the date of injury (the statute of limitations), and no more than five years from the date that the negligent or wrongful act or omission occurred (the statute of repose) to file these legal actions.
Common Examples of Medical Malpractice
Medical malpractice is an umbrella term that can refer to almost unlimited examples of a health care practitioner or facility falling short of its duty of care to patients. That being said, there are common examples of medical malpractice that result in lawsuits in Georgia more often than others. These are:
- Failure to diagnose
- Medication errors
- Failure to treat
- Emergency room errors
- Surgical mistakes
- Anesthesia errors
- Lack of informed consent
- Birth injuries
- Medical product defects
Many of these incidents are referred to as “never events,” meaning that they should never happen in a properly operated health care facility that practices due care. If you or a loved one suffered any type of injury such as a brain injury from an error or lapse in your medical care, you may be entitled to financial compensation through a medical malpractice lawsuit.
How Do You Prove a Medical Malpractice Case?
During a medical malpractice case, the burden of proof lies with the plaintiff, or injured party. The victim must prove the elements of the malpractice claim as more likely to be true than not true. This burden of proof is known as a preponderance of the evidence. Meeting this burden of proof requires clear and convincing evidence, such as:
- Medical records
- Prescription records
- Lab reports
- Medical test results
- Doctor’s and nurse’s notes
- Diagnostic information
- Treatment plans
- Discharge papers
- Photographs and videos
- Eyewitness statements
- Medical expert testimony
An injury attorney in Athens can take immediate action to preserve key evidence that supports your claim. A law firm will also have connections to medical experts and physicians in your area to strengthen your claim. Georgia has an affidavit of merit requirement for medical malpractice claims, which needs a medical expert’s signature before your case can proceed.
How Much Is Your Medical Malpractice Case Worth?
At Dan Chapman & Associates, LLC, we’ve represented enough clients during medical malpractice lawsuits to realize that no amount of money is enough to pay for life-changing injuries. However, we also recognize how much financial compensation can help a client move forward after suffering the consequences of malpractice. Getting the case outcome that you deserve can help you build a brighter future without financial stress. A successful medical malpractice claim in Georgia could pay for:
- Past and future medical expenses
- Substantial loss of earnings
- Long-term disability
- Legal fees, court costs, and the price of hiring experts
- Pain, suffering, and emotional distress
- Reduced quality of life
- Punitive damages
The value of a medical malpractice lawsuit will depend on your unique losses. At Dan Chapman & Associates, LLC, we’ve achieved outstanding results for past clients using proven legal strategies. In Georgia, the damage cap (limit) on noneconomic damages in medical malpractice lawsuits was lifted in 2010 after being ruled unconstitutional. This means your pain and suffering damages are no longer limited by state law. However, there is still a $250,000 limit on punitive damages in medical malpractice cases.
How to Choose Your Athens Medical Malpractice Lawyer
It is essential to have the most qualified lawyer available to represent you during a medical malpractice case in Georgia. These are complicated lawsuits that not just any attorney can handle. During your search for the right attorney in Athens, Georgia, look for the following:
- Practice-area experience specifically in medical malpractice law.
- A history of successful medical malpractice settlements and judgment awards in Georgia.
- The ability to take a medical malpractice lawsuit to trial, if necessary.
- Excellent contacts with medical experts and other qualified professionals.
- A client-focused practice that emphasizes communication.
- Positive law firm reviews and client testimonials.
Schedule a free consultation with a few top options in Athens to get to know each attorney and choose the right one for your specific needs. Dan Chapman & Associates, LLC, is a trusted source of exceptional legal representation for medical malpractice claims throughout Georgia. We provide unparalleled legal services to our clients.
Request a Free Medical Malpractice Case Review in Athens, GA Today
Medical malpractice can have a wide range of negative effects on an injured patient. If you or a loved one is a victim of any type of medical malpractice in Athens or the surrounding area, please contact Dan Chapman & Associates, LLC, to request a free legal consultation. We are experienced medical malpractice lawyers who are committed to bringing those guilty of medical negligence to justice. Find out how we can help you and your family today. Call (678) 504-8564 to schedule a free case review at our conveniently located law office.