Medical malpractice has become one of the leading causes of preventable injury and death in the United States. How often have you entrusted your life and the lives of your family to a doctor? A doctor’s role in society is a special one. We put our confidence in doctors because they have taken an oath to treat patients with the utmost care and, most of the time, doctors provide that quality and needed care. However, there are times when doctors and health care providers take our trust for granted, which can lead to devastating mistakes. Unfortunately, these mistakes can have catastrophic physical, emotional and financial effects for you and your family.
Under Georgia law, a doctor must practice within the standard of care, which is what a reasonable or reasonably prudent doctor would do under the circumstances. This standard of care is generally recognized by competent doctors and health care providers, described in medical journals and medical text, and taught in medical schools. When a doctor or health care provider fails to practice within the recognized standard of care, the victims of that negligence have rights and options under Georgia law—one of which is the right to seek compensation for losses related to their injuries and suffering.
In order to have a medical malpractice claim, you must demonstrate liability, damages and causation.
- Liability: The doctor or health care provider has violated accepted medical practices.
- Damages: You have suffered an injury or loss.
- Causation: The damages that you have suffered are the result of substandard medical care.
Common types of substandard medical care include the following:
- Failure to diagnose
- Obstetrical mistakes
- Birth injuries
- Surgical mistakes
- Prescription errors
- Nursing mistakes
- Pediatric mistakes
Proving that medical malpractice has occurred and has caused the patient harm can be a difficult and complex process. Consequently, individuals who suspect that they are victims of malpractice should consult with an experienced medical malpractice attorney who can evaluate any potential claims and determine the best course of action.
It is also important to understand that a undesirable result from medical treatment or a medical procedure does not necessarily constitute negligence. A doctor or health care provider is responsible for an undesirable outcome only if it is the result of substandard care.
All medical treatment comes with a certain amount of risk, even when treatment is performed reasonably and prudently.
If you or a loved one has suffered injury as the result of a substandard medical care, please contact Flynn & Gottlieb. Our attorneys have extensive medical malpractice experience, and it would be our pleasure to evaluate your case and advise you of your legal rights and options.