How to Know If You Have a Medical Malpractice Case in Georgia

Jason R. Schultz
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Jason R. Schultz is a Peachtree City Personal Injury Attorney Serving the Greater Atlanta Metro Area

Doctors can and do make mistakes. But sometimes those make are preventable and they cause serious harm. Victims of medical malpractice might experience financial hardship, in addition to physical and emotional symptoms of a doctor's mistake.

A medical malpractice claim can help you get compensation to cover medical care, lost wages, pain and suffering, and more.

If you think you have a medical malpractice case, explore those suspicions. Attorney Jason Schultz can review your case in detail to help you determine if you have a case. Call 404-474-0804.

The following is an overview of what constitutes medical malpractice and when you might have a medical malpractice case.

Elements of a Medical Malpractice Case in Georgia

Malpractice cases can be difficult to pursue, but if your case contains all the elements and it’s successful, you can recover most, if not all, of your damages. There are four fundamental elements that comprise a medical malpractice case.

  • Duty of care – The doctor, hospital, or clinic owed you a duty of care, e.g., there was a valid doctor-patient relationship.
  • Breach of duty – The physician acted in a way that breached the standard of care (discussed below). In other words, s/he acted negligently.
  • Causation – The physician’s actions (or inaction) is what caused your harm.
  • Damages – You sustained damages as a result, such as additional medical bills, loss of wages, etc.

Medical Negligence: Breaching the Georgia Standard of Care

Not every mistake a doctor makes is considered malpractice. The prime factor upon which medical malpractice hinges is negligence, i.e., a breach of the standard of care. The question that determines whether or not a case constitutes malpractice is: Did the physician act in such a way that other doctors in similar situations would have acted?

Let’s say, for instance, that your doctor followed all proper protocols, ordered the right diagnostic tests, thoroughly assessed your records, and still wound up misdiagnosing you. If other physicians would testify that they likely would have made the same mistake and that your doctor abided by the industry standard of care, then your case likely isn’t malpractice and you may not qualify to recover damages.

On the other hand, if medical experts would testify that your doctor made a mistake that was outside of the norm, preventable, or related to carelessness or negligence, it’s quite likely your case is viable and you could recover damages.

Common types of medical malpractice include:

Proving a Medical Malpractice Case

In order to file and win your claim, you’ll have to be able to satisfy the elements listed above, and you’ll have to have the proof to back it up.

There are numerous types of evidence that might be useful in proving your case. A few examples include the following.

  • Your medical records
  • Expert witness testimonies, particularly of medical experts
  • Eyewitness testimonies
  • Your medical journal (You should keep a record of your doctors’ names, appointment dates and times, advice they gave you, prescriptions or treatments they recommended, and descriptions of how you feel, e.g., pain, nausea, etc.)
  • Medical bills, insurance records, and other bills and receipts for expenses related to your injuries

If you don’t have the necessary evidence or don’t know how about collecting it, don’t worry – your medical malpractice attorney can assist you.

Steps to Take if You Think You’re a Victim of Medical Malpractice

If you think your case meets all the required elements of medical malpractice, there are several initial steps to take – just get started right away to meet Georgia’s statute of limitations for medical malpractice cases.

1. Begin documenting everything, if you haven’t already. Keep a medical journal, and collect all pertinent info about your condition in a file folder. Don’t forget to document your treatments and any correspondence with the doctor’s office or hospital. This documentation will not only help you explain your case to an attorney, it will serve as evidence during the course of your case.

2. Be upfront with your physician about your questions and concerns. It’s okay to ask direct questions. It’s a good idea to have a family member come with you to your appointment to offer support and also serve as an eyewitness. Here are some examples of questions to ask.   

  • “Why did this happen?”
  • “What went wrong?”
  • “How can this be fixed?”
  • “What’s the prescribed treatment plan?” 

3. Consult an attorney. This is paramount to the success of your case for several reasons. It’s difficult for laypersons suffering from an injury or illness to navigate the civil court system, go head-to-head with insurers, and gather enough supportive evidence when they do not have an attorney. An attorney can also advise you on whether or not to speak with hospital or clinic representatives, negotiate for a higher settlement, and help you stay within the legal time lines.

4. Request your medical records, and do so as soon as possible. You can call the doctor’s office or hospital and ask about their procedures for obtaining your records. You might have to collect them in person, via fax, or sign a release for your lawyer. The longer you wait to obtain your medical file, the greater the chances of someone altering your file or “losing” test records.

Dealing With Finances During a Medical Malpractice Case

Most doctors have malpractice insurance. So, when you bring medical malpractice claim, the doctor’s or hospital’s insurance company will usually pay your settlement. You can request compensation for damages that include economic losses (medical bills, lost wages, rehab, etc.), as well as non-economic losses (anguish, pain and suffering, etc.).

Settling a medical malpractice case can take time. What are you supposed to do in the meantime to pay your bills and make ends meet?

  • Use your own insurance policies to cover some expenses, such as your health insurance and your disability insurance.
  • Look for community outreach programs, ask family for help, or look into public assistance.
  • As a last resort, you may try a pre-settlement loan. Be forewarned that there are drawbacks to this last option.

Medical Mistakes Are Not Uncommon

Do you think your experience is uncommon? Do you think there is no way a trained doctor can make a mistake that causes serious harm?

Think again.

Medical mistakes are alarmingly commonplace.

An often-quoted 1999 Institute of Medicine report, “To Err is Human,” estimated that medical errors kill between 44,000 and 98,000 people a year.

But a 2016 report from researchers at Johns Hopkins found that more than 250,000 deaths each year are due to medical errors. If that’s the case, it would make medical mistakes the third leading cause of death in the United States.

The researchers published their findings in the May 3 issue of the medical journal BMJ.

Find Out if You Have a Valid Case Worth Pursuing – Call for a Free Evaluation

If you think you or a loved one was the victim of a medical mistake, you may have a malpractice case against a doctor or hospital, or other healthcare professional.

For a free case evaluation with a medical malpractice attorney in Atlanta, contact the Law Office of Jason R. Schultz, P.C. at 404-474-0804.