If you’ve been harmed by a misdiagnosed infection, our Atlanta infection misdiagnosis 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 after an infection was misdiagnosed. So before we share more information about our firm’s experience handling infectious disease 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 following a misdiagnosed infection in Atlanta and throughout Georgia, and we’ll take good care of you too.
Read more
Consequences of Misdiagnosis for Patients
The impact of a misdiagnosis extends far beyond the physical implications of the illness itself. Patients who experience an infection misdiagnosis often suffer significant emotional and psychological distress. The uncertainty and anxiety associated with an incorrect or delayed diagnosis can be overwhelming, leading to feelings of fear, vulnerability, and even anger.
In some cases, individuals may experience symptoms of depression, post-traumatic stress disorder (PTSD), or other mental health conditions. This emotional turmoil can disrupt daily life, affecting relationships, work productivity, and overall well-being.
Beyond the emotional toll, a misdiagnosis can also create a substantial financial burden. Incorrect or delayed diagnoses often lead to unnecessary medical expenses, including additional tests, treatments, and procedures. Patients may also incur costs for ineffective or even harmful medications for their condition.
Furthermore, a misdiagnosis can lead to lost wages due to missed work and decreased productivity. In severe cases, patients may require long-term care or rehabilitation, resulting in further financial strain. These financial burdens can add significant stress to an already difficult situation.
The combination of emotional distress and financial strain can have a devastating impact on individuals and families. It’s important to recognize the full scope of harm caused by misdiagnosis and to hold healthcare providers accountable for their negligence. If you or a loved one has suffered due to a misdiagnosis, our experienced medical malpractice attorneys can help you pursue justice and seek compensation for your losses.
Legal Standards for Infection Misdiagnosis Cases
Duty of care refers to the legal obligation of healthcare professionals to provide patients with a certain standard of care. This standard is based on what a reasonably competent medical professional with similar training and experience would do in the same situation. This duty of care encompasses all aspects of medical treatment, from diagnosis and treatment planning to execution of procedures and follow-up care. Healthcare providers must act with reasonable skill, diligence, and prudence in patient interactions.
A breach of duty occurs when a healthcare provider’s actions fall below the accepted standard of care. This can happen in various ways, such as misdiagnosis or delayed diagnosis of an infectious process.
Negligence or medical malpractice refers to a breach of duty that directly harms the patient. In other words, it’s not enough to prove that a healthcare provider made a mistake; it must also be demonstrated that it caused the patient’s injuries or worsened their condition. This requires establishing a causal link between the breach of duty and the harm suffered. For instance, if a misdiagnosis leads to a delay in treatment and that delay results in further injury or illness, then negligence may be established.
Proving negligence in medical malpractice cases can be complex and requires a thorough understanding of medical standards and practices. If you believe you or a loved one has been harmed due to a healthcare provider’s negligence, it is crucial to consult with an experienced medical malpractice attorney. Our firm has the expertise and resources to investigate your case, gather evidence, and fight for the compensation you deserve.
Proving Negligence in Misdiagnosis Claims
Building a strong medical malpractice case hinges on gathering comprehensive evidence to demonstrate negligence and establish the extent of the harm suffered. This process begins with obtaining and thoroughly reviewing the patient’s medical records.
These records provide a detailed history of the patient’s medical care, including diagnoses, treatments, imaging, test results, and physician/nursing notes. Our legal team meticulously examines these records to identify any inconsistencies, deviations from standard medical practice, or missed opportunities for diagnosis and treatment.
Securing compelling evidence often involves consulting with qualified medical experts. These experts play a crucial role in medical malpractice cases by providing professional opinions on the standard of care and whether it was breached. They analyze the medical records and other evidence to determine if the healthcare provider’s actions were consistent with accepted medical practices. Expert witnesses may also provide testimony on the cause of the patient’s injuries and the extent of damages suffered, including physical pain, emotional distress, lost wages, and future medical expenses.
Finding and hiring the best medical experts is essential for a successful case. Our firm has established relationships with a network of highly qualified medical professionals across various specialties. We carefully select experts whose expertise aligns with the specific details of each case, ensuring that their testimony is credible and persuasive. These experts not only provide valuable insights into the medical aspects of the case but also assist our legal team in understanding complex medical terminology and procedures, strengthening our ability to present a clear and compelling argument on behalf of our clients.
Role of Expert Witnesses in Misdiagnosis Cases
This content, I believe, is fully covered in the topic above. BUT, I’m going to add a topic here:
Affidavit Requirement Under Georgia Law
In Georgia, filing a medical malpractice lawsuit requires strict adherence to specific procedures, including a crucial requirement outlined in O.C.G.A. § 9-11-9.1. This statute mandates that any lawsuit alleging professional malpractice, including medical malpractice, must be accompanied by an affidavit from an expert witness. This affidavit serves as a critical component of your claim, providing initial validation to the allegations of negligence.
The O.C.G.A. § 9-11-9.1 affidavit must be filed alongside your complaint and needs to meet specific criteria. It must be prepared by an expert competent to testify about the applicable standard of care in the specific medical situation involved in your case. This expert, often another healthcare professional in the same field as the defendant, must clearly state at least one alleged negligent act or omission committed by the healthcare provider. Furthermore, it must provide a factual basis for each claim, outlining why the expert believes the defendant’s actions fell below the accepted standard of care.
This requirement acts as a filter to discourage frivolous lawsuits. By requiring expert testimony upfront, it ensures that medical malpractice claims have a basis in established medical practice and are not merely based on dissatisfaction with the treatment outcome.
Failing to file a compliant O.C.G.A. § 9-11-9.1 affidavit can have serious consequences for your case. It can lead to delays in the proceedings, prevent you from obtaining evidence through discovery, and even result in the dismissal of your lawsuit. Therefore, it’s crucial to consult with an experienced medical malpractice attorney who understands the intricacies of this requirement and can ensure that your claim is filed correctly. Our firm has extensive experience navigating the complexities of Georgia’s medical malpractice laws and can guide you through every step, from securing a qualified expert witness to filing your lawsuit.
Compensation for Misdiagnosis Victims
If you’ve suffered harm due to the misdiagnosis of a bacterial infection, you may be entitled to various types of damages in a medical malpractice lawsuit. These damages, which fall into the two categories explained below, aim to compensate you for the losses you’ve incurred due to the healthcare provider’s negligence.
First, economic damages are designed to reimburse you for the financial losses directly related to the misdiagnosis. This can include:
Medical Expenses: Past and future medical costs associated with treating the worsened infection, complications due to the delay in proper treatment, and ongoing care needs.
Lost Income: Wages lost due to time off work for treatment and recovery. If the misdiagnosis resulted in long-term disability, you may also be able to recover for loss of future earning capacity.
Rehabilitation Costs: Expenses related to physical therapy, occupational therapy, or other rehabilitation services needed to recover from the effects of the misdiagnosis.
Out-of-pocket Expenses: Any other costs incurred as a direct result of the misdiagnosis, such as travel expenses for medical appointments or the cost of assistive devices.
Second, non-economic damages are intended to compensate you for the intangible losses that are harder to quantify, such as:
Pain and Suffering: Physical pain and discomfort experienced due to the worsened infection and any complications.
Emotional Distress: Anxiety, fear, depression, and other emotional suffering caused by the misdiagnosis and its consequences.
Loss of Enjoyment of Life: The impact of the misdiagnosis on your ability to engage in activities and hobbies you previously enjoyed.
Loss of Consortium: This applies to the impact on your spouse’s relationship with you, including loss of companionship, affection, and support.
The amount of compensation you can recover in a bacterial infection misdiagnosis lawsuit depends on several factors. These include the severity of the infection, the extent of the harm caused by the misdiagnosis, the impact on your quality of life, the degree of negligence on the part of the healthcare provider, and the availability of insurance coverage. An experienced medical malpractice attorney can assess your specific circumstances and help you understand the potential value of your claim.
Choosing the Right Misdiagnosis Lawyer
Medical malpractice law is a highly specialized and complex area of legal practice. When facing a potential medical malpractice claim, it’s crucial to seek representation from a law firm that focuses specifically on this field.
Attorneys specializing in medical malpractice possess in-depth knowledge of medical terminology, procedures, and standards of care. We understand the nuances of medical records, can effectively collaborate with medical experts, and are well-versed in the specific Georgia laws and regulations governing medical malpractice legal claims.
Researching and interviewing potential law firms will help you find the right advocate for your medical malpractice case. Our firm specializes in medical malpractice and has a team of experienced attorneys dedicated to fighting for the rights of those harmed by medical negligence. We offer personalized attention, clear communication, and aggressive representation to help you secure the justice and compensation you deserve.
Below, we've tried to anticipate some infection misdiagnosis questions you might have.
-
How are infections misdiagnosed?
Introduction to Negligently Misdiagnosed Infections in Georgia
Negligently misdiagnosed infections are a concerning issue in healthcare, occurring when healthcare providers fail to accurately identify and treat infections in a timely manner. In Georgia, as in other states, prompt and accurate diagnosis is critical for effective infection management. When healthcare providers fall short in this regard, it can lead to complications and harm to patients. Understanding how infections can be negligently misdiagnosed is essential for patients and their families.
Causes of Negligently Misdiagnosed Infections
Negligently misdiagnosed infections can occur for various reasons, primarily stemming from errors or negligence during the diagnostic process. Common causes include healthcare providers not ordering appropriate diagnostic tests or failing to interpret test results accurately. Additionally, inadequate assessment of a patient’s medical history, symptoms, or risk factors can contribute to misdiagnosis. Miscommunication among healthcare professionals and lack of follow-up on abnormal test results can also lead to negligent misdiagnosis of infections.
Failure to Recognize and Respond to Infection Signs and Symptoms
Negligence in infection diagnosis often includes a failure to recognize and respond promptly to signs and symptoms. This may involve overlooking common infection indicators, such as fever, pain, inflammation, or abnormal laboratory results. Inadequate documentation, miscommunication, and inadequate patient assessments can further compound the problem, delaying necessary treatment and potentially causing the infection to worsen.
Duty of Care and Negligence in Infection Misdiagnosis Cases
In Georgia, healthcare providers owe a duty of care to patients to ensure the accurate diagnosis and appropriate treatment of medical conditions, including infections. When negligence results in the misdiagnosis of infections, it constitutes a breach of this duty. Patients who suffer harm or complications due to the negligent misdiagnosis of infections may have grounds for a medical malpractice claim.
Legal Recourse for Infection Misdiagnosis Victims in Atlanta
Patients who believe they have suffered harm or injury due to negligently misdiagnosed infections have the right to pursue legal remedies in Georgia. Our Atlanta law firm specializes in medical malpractice cases, including those related to infection misdiagnosis. We are dedicated 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 or a loved one has experienced the negligent misdiagnosis of an infection in 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 infection misdiagnosis 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 infection misdiagnosis 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 in Georgia for failure to diagnose an infection?
A variety of people may be able to file a lawsuit for failure to diagnose an infection 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 infection misdiagnosis case take?
Every Georgia medical malpractice case involving misdiagnosis of an infection 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 infection misdiagnosis case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your infection 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 infection misdiagnosis 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 infection misdiagnosis 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 infection misdiagnosis 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 infection misdiagnosis lawyers take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If you’ve suffered from a misdiagnosed infection, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.