Doctor, Nurse, and Healthcare Professional Negligence
Doctor and Nurse (or any healthcare professional) Negligence in Georgia fall under the umbrella of medical malpractice. View this page for more information on how to approach your medical malpractice case in Georgia. If you have injuries that are due to the negligence of a healthcare professional, you are entitled to financial compensation.
What kind of mistakes can a healthcare professional make?
- Failure to properly sterilize equipment
- A lack of sterilization can have severe repercussions. Severe infections, contracting a new disease, and even possibly death can occur.
- Failure to provide a proper diagnosis
- Having the wrong diagnosis can lead to the wrong treatment. The incorrect drugs and practice can be used on you causing severe side-effects all the while of keeping your previous ailment, or leading to a new one.
- Failure to provide proper care to a patient
- Some patients require more active care and need to be watched over. It is possible that a healthcare professional fails to provide this care, sometimes out of laziness or under-staffing.
- Failure to properly perform surgery or performing the wrong surgery
- A mistake in surgery can lead to foreign objects being left in the body, or other serious side effects.
- Premature discharge from hospital
- A healthcare professional can discharge you from their care early, causing your symptoms to worsen
- Failure to properly assist with birth and provide maternity care
- A mistake in delivering a child can lead to severe complications in both the child and the mother, sometimes leading to death or permanent injury
- Failure to properly manage anesthetics
- If anesthetics are not manged properly, a patient can receive brain damage or even die.
Can I sue the hospital?
It is important to remember that Nurses, Janitors, Medical Technicians, and all support staff are all hospital employees; therefore, the hospital is liable for the negligence of their employees. The hospital CAN be sued for their mistakes. Doctors; however, are sometimes not technically employed by the hospital. Instead they are considered “independent contractors.” The hospital cannot be sued for their mistakes, but they can be individually. Under certain circumstances, the nurse works under the doctor and therefore not a hospital employee either. In this case, the doctor is sued for the negligence of the nurse. A hospital can still be sued even if an independent contractor is at fault if the hospital keeps an “incompetent doctor” on staff. For example, a doctor can be dangerous or incompetent if he or she is regularly using drugs or is an alcoholic and the hospital allows it. The hospital can also be sued if they did not make it abundantly clear that the doctor is not an employee of the hospital. This can be tricky in the Emergency Room as the doctors might not have time to make it clear to you before they perform their duties. In some states, you can sue the hospital for this; however in Georgia it is very difficult to sue the ER. Under O.C.G.A. § 51-1-29.5, “gross negligence” must be proven with ““clear and convincing” evidence.
How do I get compensation?
The lawyers at Dan Chapman and Associates have been practicing medical malpractice for over 20 years. We know exactly how to build your case and how to prove the hardship in your life caused by the negligence of others. Here are some of the ways we go about showing that hardship
- Financial Hardship via lost wages and medical bills
- Pain and suffering
- Loss of earning capacity
- Emotional damages and mental anguish
- Loss of family or spousal support
- In some cases, punitive damages is possible
What do I need to do?
The first step is to get in touch with an experienced medical malpractice lawyer. All medical records, information of your injuries, names of hospitals and doctors and financial hardship (bills, receipts, lost wages) need to be procured. Medical malpractice cases are very long and time consuming. It takes a while to build a strong case from the ground-up, but we can do it. We will interview hospital staff and investigate all potential reasons as to how and what kind of malpractice occurred. We will also find a medical professional who can properly testify on your behalf. These cases require a doctor who has worked in the field and can properly testify on behalf of your case. They will need to review your evidence and provide an expert affidavit. Finding the right medical professional can be tricky, but with our connections and experience we can find the right one to make your case air-tight.
Remember, hospitals have ample amounts of resources, lawyers, and insurance companies to protect them in the event of an injustice. Every healthcare professional pays high amounts of money for malpractice insurance. Mistakes are always made. Hospitals always have insurance. You are always entitled to financial compensation. If they can have a lawyer, you can too. Call our lawyers at 678-CHAPMAN or 678-242-7626 for a free consultation about your case. We do not take fees until we win your case and you collect a settlement.