If you’ve been harmed by emergency room malpractice, our Atlanta emergency room malpractice lawyers can help.
If you’ve landed on this web page, you’re probably hurting because you or someone you care about has suffered an injury due to malpractice in an emergency room. So before we share more information about our firm’s experience handling emergency room negligence cases, please know this: we’re sorry. But also know that you’ve come to the right place. We’ve successfully navigated this path with other clients injured by malpractice in an emergency room in Atlanta and throughout Georgia, and we’ll take good care of you too.
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Importance of Accurate Triage
Triage is the critical first step in emergency room care, where medical professionals quickly assess patients to determine the severity of their conditions and prioritize treatment accordingly. This process ensures that those with the most life-threatening conditions receive immediate attention, while those with less urgent needs may experience a wait. Effective triage relies on experience, clear protocols, and accurate communication to ensure patients are correctly and efficiently categorized.
Inadequate triage can have severe consequences, potentially leading to delayed or inappropriate care with devastating results. Conversely, over-triaging less urgent cases can overwhelm resources and delay care for those needing it.
When triage fails, patients and families may suffer needlessly. Delayed diagnosis and treatment can worsen medical outcomes, prolong hospital stays, and increase medical expenses. The emotional distress caused by knowing that a loved one’s condition was mishandled due to negligence can be profound.
Proving Malpractice in Georgia
Establishing a medical malpractice case in a Georgia emergency room setting requires proving several key elements:
First, the plaintiff must demonstrate that a doctor-patient relationship existed, meaning the physician had a duty to provide competent care to the patient. But there’s usually little to no dispute about this element of the claim.
Secondly, the plaintiff must prove that the physician breached this duty by acting negligently or failing to meet the accepted standard of care for emergency medicine. This standard of care refers to the level of skill and care that a reasonably competent healthcare professional in the same field would have provided under similar circumstances.
Finally, the plaintiff must show that the healthcare provider’s negligence directly caused the patient’s injuries or worsened their condition. This causation link is crucial and often requires demonstrating that the outcome would have been different had the physician acted appropriately.
Expert testimony plays a vital role in medical malpractice cases, especially in the complex environment of an emergency room. Medical experts, typically physicians with expertise in emergency medicine, are called upon to analyze the case and provide their professional opinions. They review medical records, diagnostic tests, and treatment protocols to determine whether the standard of care was met.
These expert witnesses can explain complex medical procedures and conditions to the jury, helping them understand the nuances of the case. Their testimony can establish whether the defendant physician’s actions were reasonable and whether those actions directly caused the patient’s harm.
Legal Options for Victims
Under Georgia law, patients have the right to expect a certain standard of care from healthcare providers, including those working in emergency rooms. This standard requires doctors, nurses, and other medical staff to act with the degree of skill and care that a reasonably competent healthcare professional in the same field would exercise under similar circumstances.
When this standard is breached, which results in injury to the patient, it may constitute medical malpractice. Georgia law allows patients to seek compensation for the harm caused by such negligence.
Compensation in medical malpractice cases in Georgia generally falls into two categories:
Economic Damages: These damages, also known as “special damages,” aim to reimburse the patient for tangible losses, such as medical expenses (past and future), lost wages, and rehabilitation costs.
Non-economic Damages: These damages, also known as “general damages,” address intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (companionship).
Georgia law does not cap non-economic damages in medical malpractice cases, meaning there is no limit on the amount a jury can award for pain and suffering.
Choosing the Right Attorney
Medical malpractice law is highly complex, and navigating its intricacies requires specialized knowledge and experience. This is particularly true in emergency room cases, where the standards of care, the pressures faced by medical professionals, and the potential for rapid deterioration in patient conditions create unique legal challenges.
Specialized medical malpractice attorneys possess an in-depth understanding of the relevant medical procedures, terminology, and standards of care. We have experience analyzing medical records, consulting with medical experts, and building strong cases.
Attorneys specializing in medical malpractice also have a network of well-credentialed medical experts we can consult with to assess your case and provide expert testimony. Most medical malpractice cases are won or lost based on which side has the better and more compelling experts, making choosing a law firm specializing in medical malpractice even more essential.
Contingency Fee Structure
Emergency room medical malpractice cases can be complex and expensive to pursue. Many people who have suffered due to medical negligence in an ER may hesitate to take legal action because of concerns about upfront costs. This is where contingency fees are crucial in making legal representation accessible.
Unlike traditional hourly billing, where you pay the lawyer for their time regardless of the outcome, a contingency fee arrangement means you only pay if you win your case.
With a contingency fee, the attorney agrees to take on your case and cover all the associated costs, including court filing fees, expert witness fees, and other expenses. We are only compensated (a percentage of the settlement or jury award) if we successfully recover money for you. This allows medical malpractice victims or their family members to pursue justice and seek compensation without the financial burden of upfront legal fees.
Contingency fees not only eliminate the financial barrier to seeking legal representation. They also align the attorney’s interests with yours because our compensation is directly tied to the success of your case. We do better when you do better.
Filing a Lawsuit for Negligence
In Georgia, several individuals may be eligible to file a lawsuit for emergency room malpractice, depending on the circumstances:
The Injured Patient: This is the most common scenario, where the individual who directly suffered harm due to the negligence of an ER healthcare provider files a claim for their injuries and damages.
The Spouse of the Injured Patient: In Georgia, the spouse of an injured patient can file a claim for loss of consortium, which refers to the loss of companionship, support, and intimacy resulting from the patient’s injuries.
The Parents of a Minor Child: If the injured patient is a minor, their parents can file a medical malpractice lawsuit on the child’s behalf.
Wrongful Death Cases: If the patient died because of emergency room malpractice, the spouse, parents, or children may be able to file a wrongful death medical malpractice case. And if no spouse, parent, or child is living, the executor or administrator of their estate can file a wrongful death lawsuit to benefit the decedent’s heirs.
The legal process for an emergency room malpractice claim in Georgia generally involves the following steps:
Consultation with an Attorney: The first step is to consult with an experienced medical malpractice attorney. We will review the details of your case, assess its merits, and advise you on your legal options.
Investigation and Gathering Evidence: We’ll begin a thorough investigation if we believe you have a potentially valid claim. This usually includes gathering medical records and consulting with medical experts.
Filing the Lawsuit: If our investigation reveals a lawsuit we believe we can win, we’ll file a complaint (the lawsuit) with the appropriate court, stating our allegations of negligence against the healthcare provider.
Discovery: Both parties exchange information and evidence relevant to the case. This may involve depositions, interrogatories, and requests for documents. This is the longest part of the case, where most of the work is done.
Negotiation and Settlement: Many medical malpractice cases are settled out of court through negotiations between the parties.
Trial: If a settlement cannot be reached, the case will proceed to trial. A jury will hear evidence and arguments from both sides and determine whether malpractice occurred and the damages (money) to be awarded.
Appeal: If either party is dissatisfied with the trial outcome, they may appeal the decision to the Georgia Court of Appeals and possibly the Georgia Supreme Court thereafter.
It’s important to remember that Georgia has specific requirements for medical malpractice lawsuits, including a statute of limitations and the need for an expert affidavit. Our experienced attorneys can guide you through these complexities and protect your rights throughout the legal process.
Below, we've tried to anticipate some emergency room malpractice questions you might have.
- How does emergency room malpractice happen?
Introduction to Emergency Room Malpractice in Georgia
Emergency room malpractice refers to instances when medical professionals in the emergency department fail to meet the standard of care expected during critical and often life-threatening situations. In Georgia, as in other states, the emergency room is a crucial healthcare setting where timely and accurate medical interventions can mean the difference between life and death. Understanding how emergency room malpractice can happen is essential for patients and their families who seek urgent medical care.
Causes of Emergency Room Malpractice
Emergency room malpractice can occur due to various factors, including overcrowding, understaffing, and high-pressure environments that may lead to errors or negligence. Common causes include misdiagnosis or delayed diagnosis of serious conditions, failure to order necessary tests or imaging, and medication errors. Additionally, lack of communication and coordination among healthcare providers can result in mismanagement of patient care and adverse outcomes.
Inadequate Triage and Timely Care
One critical aspect of emergency room malpractice is the failure to prioritize patients based on the severity of their condition during triage. Healthcare providers must accurately assess and prioritize patients to ensure those with life-threatening conditions receive immediate attention. Neglecting to do so can lead to delays in treatment, exacerbating a patient’s condition and increasing the risk of adverse outcomes.
Proving Emergency Room Malpractice
To establish an emergency room malpractice case in Georgia, it is typically necessary to demonstrate that the healthcare provider owed a duty of care to the patient, that this duty was breached through negligence or errors in diagnosis and treatment, and that this breach directly caused harm or injury to the patient. Expert testimony from qualified medical professionals who can attest to the negligence and its impact is often crucial in proving these cases.
Legal Recourse for Emergency Room Malpractice Victims in Atlanta
Patients who believe they have suffered harm or injury due to emergency room malpractice have the right to pursue legal remedies in Georgia. Our Georgia law firm specializes in medical malpractice cases, including those related to emergency room negligence. We are committed to advocating for the rights and well-being of victims, helping them secure compensation for their injuries, medical expenses, and pain and suffering. If you believe you or a loved one has experienced emergency room malpractice in Atlanta or throughout Georgia, contact us for a free consultation to explore your legal options and seek justice for your injuries.
- Can any personal injury lawyer handle my emergency room malpractice case?
No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.
You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:
Is your practice dedicated exclusively to medical malpractice cases?
If not, what percentage of your firm’s cases involve medical malpractice?
How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?
Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?
Is your firm based in Georgia, with a long history of winning cases throughout the state?
When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.
- How much does Davis Adams charge to handle emergency room malpractice cases?
Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.
- Who can file a lawsuit for emergency room negligence in Georgia?
A variety of people may be able to file a lawsuit for emergency room negligence in Georgia, including:
A person injured by medical malpractice (or their representative) can file a medical malpractice lawsuit in Georgia to recover special damages (medical bills, lost wages, etc.) and general damages (commonly referred to as “pain and suffering”);
The spouse of a person injured by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for loss of consortium (essentially, harm to the marital relationship);
The spouse, parents, or child of a person killed by medical malpractice can file a wrongful death medical malpractice lawsuit in Georgia to recover for the “full value of the life” of the decedent; and
The estate representative for a person killed by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for the pain and suffering the decedent experienced before death, medical bills and final expenses, and in some cases, the full value of the decedent’s life (on behalf of the decedent’s next of kin).
- How long will my emergency room case take?
Every Georgia medical malpractice case involving emergency room negligence is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.
- How much is my emergency room malpractice case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your emergency room malpractice case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.
- Does Davis Adams take emergency room cases of all sizes?
Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.
- Will my emergency room malpractice case go to trial?
The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.
- Does Davis Adams handle emergency room malpractice cases outside of Georgia?
Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.
- Why should I hire Davis Adams?
Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.
Why do we think we’re better?
First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.
Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.
Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.
You’re hurting.
An unfortunate trait of lawyers is that sometimes we talk when we should instead just listen. So that’s what we do first: we listen to your story, we hear what you’ve been through, and we learn as much as possible about your pain.
You’ve been through enough.
A healthcare provider you trusted for healing instead has caused harm. Even worse, when you ask questions about what went wrong, you’re unlikely to get honest answers because while your doctor should be talking to you, they are talking to their insurance company.
Let our Atlanta emergency room malpractice lawyers take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If you’ve suffered an injury due to negligent medical care in an emergency room, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.