If you’ve been harmed by orthopedic malpractice, we can help.
If you’ve landed on this web page, you’re probably hurting because you or someone you care about has been injured by malpractice during an orthopedic procedure. So before we share more information about our firm’s experience handling orthopedic 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 who’ve suffered from orthopedic malpractice in Atlanta and throughout Georgia, and we’ll take good care of you too. Below, we’ve tried to anticipate some questions you might have.
How does orthopedic malpractice happen?
Introduction to Orthopedic Malpractice in Georgia
Orthopedic malpractice occurs when patients receive substandard orthopedic care from orthopedic surgeons or medical professionals, leading to harm or injury. Orthopedic specialists are responsible for diagnosing and treating musculoskeletal conditions, including bone, joint, and soft tissue disorders. In Georgia, as in other states, patients trust orthopedic surgeons to provide accurate diagnoses and effective treatments for their orthopedic issues. Understanding how orthopedic malpractice can happen is crucial for patients and their families.
Causes of Orthopedic Malpractice
Orthopedic malpractice can result from various factors, primarily stemming from errors or negligence during patient care. Common causes include misdiagnosis or delayed diagnosis of orthopedic conditions, surgical errors during procedures such as joint replacement surgeries or fracture repairs, improper administration of orthopedic treatments or medications, and inadequate post-operative care. Negligence can also involve a lack of adherence to infection control protocols, disregard for patient safety, and communication failures with patients about their treatment options and potential risks.
Failure to Follow Orthopedic Standards and Protocols
One significant aspect of orthopedic malpractice is the failure to follow established standards and protocols in orthopedic care. Orthopedic surgeons are expected to adhere to specific guidelines and best practices in their field. When they deviate from these standards, it can result in substandard care, potentially leading to complications, pain, or harm to patients’ musculoskeletal health.
Proving Orthopedic Malpractice Cases
To establish an orthopedic malpractice case in Georgia, it is typically necessary to demonstrate that the orthopedic surgeon or medical professional owed a duty of care to the patient, that this duty was breached through negligence in diagnosis, treatment, or surgery, and that this breach directly caused harm or injury to the patient’s musculoskeletal health. Expert testimony from qualified orthopedic specialists who can attest to the standard of care and whether it was violated is often crucial in building a strong case.
Legal Recourse for Orthopedic Malpractice Victims in Atlanta
Patients who believe they have suffered harm or injury due to orthopedic malpractice have the right to pursue legal remedies in Georgia. Our Atlanta law firm specializes in medical malpractice cases, including those related to orthopedic malpractice. We are dedicated to advocating for the rights and well-being of victims, helping them secure compensation for their injuries, medical expenses, and musculoskeletal health-related issues. If you believe you or a loved one has experienced orthopedic malpractice in Georgia, contact us for a free consultation to explore your legal options and seek justice for your musculoskeletal health.
Can any personal injury lawyer handle my orthopedic 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 the orthopedic 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 an orthopedic malpractice case in Georgia?
A variety of people may be able to file a lawsuit for orthopedic malpractice 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 orthopedic malpractice case take?
Every Georgia medical malpractice case involving orthopedic malpractice 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 orthopedic malpractice case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your orthopedic 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 orthopedic negligence 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 orthopedic 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 orthopedic 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.
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 us take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If you or a loved one in Georgia has experienced an injury during an orthopedic procedure, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.