Atlanta Medical Malpractice Attorney Near Me

Ross Moore Law can help you fight for the compensation that will cover pain and suffering, any lost wages, medical expenses, and more. In each and every case, our firm takes the time to truly get to know our clients, fighting for their best interests throughout case proceedings. We work closely with our clients, thoroughly investigating each case and exploring every potential legal avenue toward recovering maximum compensation.

Call our Atlanta medical malpractice lawyer today for a free consultation at 844-404-7677! If we don’t win on your behalf, you won’t owe us any legal fees.

MOST COMMON EXAMPLES OF MEDICAL MALPRACTICE

The amount of compensation you may be eligible to receive will be greatly impacted by the type of injury sustained and the extent of the injury. In many cases, medical malpractice can result in catastrophic injuries.

Medical malpractice can include the following, and more:

• Surgical Errors: All surgeries carry risk, and prior to a procedure, patients are typically required to sign an informed consent document indicating that they understand these risks. Still, if a surgeon fails to follow the appropriate standard of care and this failure directly results in harm to the patient, it could be considered medical malpractice. Examples may include anesthesia errors, cutting in the wrong location, operating on the wrong body part, and leaving a surgical instrument inside the body.
• Birth Injuries: These are injuries that are suffered by a newborn either before, during, or shortly after delivery. Examples include cerebral palsy, Erb’s palsy, shoulder dystocia, and various other types of brain and nerve injuries. Many birth injuries happen because of the improper use of forceps during labor and delivery.
• Emergency Room Errors: Hospital emergency rooms are fast-paced environments where things need to run smoothly and efficiently for patients to be treated properly. Unfortunately, some ERs lack the proper staffing, training, and organization, resulting in errors that can damage a patient for life.
• Medication/Pharmaceutical Errors: Millions of Americans rely on prescription medications to treat various conditions. But sometimes, patients receive the wrong dosage, the wrong medication, or an improper mixture of medications. There are also instances when health professionals fail to adequately advise patients on the proper use of a medication. In addition, there are some prescription drugs that are dangerous, and when they cause harm to a patient, the injured party may be able to file a product liability claim against the manufacturer.
• Misdiagnosis Diagnosis: A misdiagnosis case may involve a failure to diagnose a serious condition, a critical delay in diagnosing the condition, or a wrong diagnosis, which could result in improper treatments that worsen the health of the patient.
• Nursing Home Negligence: Many cases of medical malpractice occur in nursing homes, where incidents of neglect and elder abuse are all too common. Tragically, the neglect of nursing home patients who are in need of medical care often results in a wrongful death.

In order to prove medical malpractice, several criteria must be met. An attorney must prove that the doctor, physician, and/or other healthcare provider and the patient had an official relationship, that the damage sustained by the patient was directly related to the malpractice of the healthcare provider, and that a different healthcare provider would have provided a reasonable standard of care and taken a different route in the same situation.

Filing a Medical Malpractice Claim in Georgia

Medical malpractice claims are very complicated legal actions that can be difficult to prove. In addition to the legal complaint, Georgia law requires the plaintiff to file a sworn affidavit by a qualified medical expert of the same specialty providing his/her opinion that (a) the defendant committed at least one act of negligence that directly caused the plaintiff’s injury, and (b) the factual basis for the expert’s opinion. Failure to provide a compliant expert affidavit will likely result in the dismissal of the case.

If a plaintiff is able to prove medical malpractice on the part of the defendant, they may be entitled to significant compensatory damages. This may include damages not only for direct monetary losses such as medical expenses, lost earnings, and funeral and burial costs (in the case of a wrongful death), but also for noneconomic losses such as physical pain-and-suffering, psychological distress, and diminished quality of life.

In some limited cases, a jury may award punitive damages over and above any compensatory damages the victim is entitled to. Punitive damages are only awarded when there is clear and convincing evidence that the defendant’s actions (that caused the injury) were willful, malicious, fraudulent, or grossly negligent. In Georgia, punitive damages are capped at $250,000 in most cases, unless intentional harm can be proven.

Georgia Statute of Limitations for Medical Malpractice Claims

If you are considering filing a medical malpractice lawsuit, you need to be aware of Georgia’s statute of limitations for these types of cases. The statute of limitations is the deadline a plaintiff has to take legal action against the defendant.

With most Georgia medical malpractice cases, the statute of limitations is two years from the date on which the injury or death (that resulted from the negligent or wrongful act or omission) occurred. In cases where medical negligence is not readily apparent and harm to the patient does not manifest itself immediately, there is a law known as the statute of repose, which extends the filing deadline to five years from the date of injury or death.

Any attempt to file a lawsuit after the statute of limitations has expired will most likely be dismissed by the court, no matter how egregious the actions of the defendant were or how badly you were injured. For this reason, it is very important to get an experienced attorney involved as soon as possible, so they can get started right away on your claim.

BEGIN YOUR JOURNEY TO JUST COMPENSATION WITH OUR ATLANTA MEDICAL MALPRACTICE LAWYER!

Our firm takes great pride in getting to know the details of our clients cases, as well as the damages they have sustained due to the negligence of others. With this knowledge, we are able to better represent our clients needs and fight for the compensation that covers these damages.

Don’t wait to get help Contact us today to learn more about your legal options during a free consultation.