Medical Negligence Lawyers
Medical Negligence Lawyers
Work with the experts: the medical negligence lawyers at Davis Adams specialize in only medical malpractice and negligence cases
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The Most Awarded Medical Malpractice Attorneys in Georgia
Mr. Davis is an accomplished medical malpractice attorney in Atlanta, Georgia. He has received virtually every award and honor available to Georgia trial attorneys. He is one of the foremost experts on medical malpractice law in Georgia. Published on May 18, 2020, last updated on May 29, 2020.
People generally assume they will never need medical negligence lawyers. When a person becomes a doctor, they are given the Hippocratic Oath and swear to uphold the highest ethics and standards. Unfortunately, accidents happen. These accidents are often referred to as medical negligence. Medical negligence, though it can simply be a mistake, occurs when a physician fails to provide the care expected of them, thus resulting in injury or death of a patient.
Medical negligence can occur during something as simple as a routine checkup. It can happen anywhere from a blood draw to a surgical procedure, though most commonly occurs in medication dispensing. Though medical negligence is like medical malpractice, it all comes down to the doctor’s intent. With such a complex and potentially heartbreaking situation, hiring the right medical negligence lawyers like Davis Adams is the right decision.
Medical Negligence Lawyers Atlanta
Medical negligence lawyers Atlanta are required when a doctor unknowingly causes harm to the patient due to ignorance or failing. A doctor could, for example, prescribe a medication for a patient and not look at the other drugs the patient is on for negative interactions, which could be life-threatening. Other examples could be even more severe, like jeopardizing organs during surgery or failing to provide a patient with proper aftercare instructions.
Contact Us Today for Help from Medical Negligence Lawyers Near You
With Davis Adams, you are getting the absolute best malpractice firm in the state of Georgia. Partners Jess Davis and Chad Adams have received virtually every award and honor available to trial attorneys in the state.
Medical Negligence Lawyers Near Me
When searching for medical negligence lawyers “near me,” you might come across a similar term, medical malpractice. What is the difference between medical negligence and medical malpractice?
Medical malpractice occurs when the doctor is aware of their actions but chooses to perform them anyway. Medical negligence, on the other hand, is ignorance or a mistake like chiropractor malpractice that might cause irreparable spinal damage through a mishandled situation or a misdiagnosis.
If you have suffered either one, the good news is that there is compensation available. Experienced medical negligence lawyers can help you decide which is the proper category under which to file a claim.
Help with Finding Medical Negligence Lawyers Near You
We’ve fought for clients in every type of medical negligence case there is. Our record speaks for itself, tens of millions of dollars recovered in verdicts and settlements. Before it’s too late, let’s discuss your options.
Medical Negligence Cases
According to John Hopkins Research Center, more than 250,000 deaths occur annually due to medical negligence cases. This makes it the third leading cause of death in the United States. Further, thousands of others are injured by negligence. If you believe you have been injured through medical negligence, consult with one of Georgia’s medical negligence lawyers to see if you qualify to file a claim and get the compensation you deserve.
Georgia statute 51-1-27 states, “Any person who holds themselves out as practicing medicine or surgery can be sued for medical malpractice if they do not use ‘a reasonable degree of care and skill’ and an injury results.” The exact care and skill depend on the circumstances and be that other doctors in that field would use. For example, what constitutes orthopedic malpractice is different than what makes a surgical malpractice case.
The Georgia Supreme Court explained an injured patient should make the following three points:
- They had a duty inherent to the patient-doctor relationship.
- That duty was breached by the failure to exercise skill and care.
- There should be a connection between that breach and the patient’s injury.
Often, points two and three will be disputed. For example, a physician may swear they were careful. They could then argue the injury was a preexisting condition or unavoidable. It is a medical negligence lawyer’s job to counter-argue otherwise.
Multiple Verdicts and Settlements in the Millions
Medical Negligence Examples
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There are several ways a doctor can cause medical neglect. A few medical negligence examples include:
- Incorrect diagnosis. This can cause the patient to receive the wrong medication or treatment. Also, this can cause injury if unnecessary surgery or steps are taken.
- Providing the wrong treatment. Even if the diagnosis is right, the doctor’s course of treatment might not be, especially for an individual patient.
- Not providing proper aftercare. The doctor may not have given clear instructions for aftercare, causing injury,
- The physician may make mistakes like leaving sponges or surgical implements inside the patient or failing to sterilize equipment properly.
- Improperly managing anesthesia. The doctor may not administer the anesthesia properly, causing brain damage.
- Failing to exercise care during labor and delivery. Mistakes during childbirth can cause death or injury to the mother and/or child.
There are other ways that negligence may occur as well, like radiology malpractice, but these are some of the most common.
Medical Negligence FAQ
A skilled medical negligence attorney can help you and answer all your medical negligence questions. For further medical negligence FAQs, please reach out to Davis Adams to get the answers you need. You can find the most common questions below.
Can You Claim for Medical Negligence After 3 Years?
Unfortunately, Georgia does not offer an unlimited amount of time to sue for medical negligence and has a statute of limitations. This statute is two years if you wish to receive monetary compensation. As such, you may not sue five years after the injury occurred.
A separate law applies to foreign objects (sponges, medical implements, etc.) left in the body. A patient gets one year after the date of discovery to sue. This means if, for example, a scalpel is found three years after surgery, the patient would have a year to sue.
If you believe you are the victim of abuse, call, meet, and consult with one of Georgia’s excellent, reputable medical negligence lawyers. They can help you begin your case.
What Is the Punishment for Medical Negligence?
It may seem obvious that a doctor found to have committed medical negligence will lose their license, but what about jail time? There is no clear point in which a health care provider’s negligence becomes criminal. There must be a “gross or flagrant deviation from the standard of care.” A doctor charged with criminal medical negligence did not necessarily cause intentional harm, but it can be argued they should have been aware.
How Long Do You Have to Make a Medical Negligence Claim?
A person injured in a medical negligence case has up to five years to file a claim. However, after two, they cannot receive monetary compensation even for neurology malpractice.
Top Medical Negligence Lawyers Near You
Best Medical Negligence Lawyers
Both medical malpractice and medical negligence cases take time to build. The best medical negligence lawyers will want to see medical records, information on the doctors, proof of financial loss, and information about the pain and suffering caused. Your attorney may also need to interview doctors and lawyers to see exactly what happened and if a mistake was made.
When you file your case, do so with the appropriate court and file an expert affidavit by a professional who reviewed your case and can testify on it. The expert must identify at least one negligent act committed by the doctor that contributed to injuries. If you go to trial, this expert can testify to your injuries.
Georgia’s best medical negligence lawyers are just a phone call away. Do not hesitate to contact us to discuss your options today.