Medical Malpractice Lawyers in Atlanta, GA
Every doctor, nurse, and dentist has a professional duty to provide competent care to their patients. In addition to this professional duty, there is also a legal requirement to practice their craft with a certain level of competence. Failure to provide this level of care that results in an injury may be an example of medical malpractice.
Demonstrating medical malpractice is a complicated process. Not only must a plaintiff show that a defendant’s actions failed to meet the standard of care, but they must also rely on the testimony and opinion of an expert witness to do so. An Atlanta medical malpractice lawyer could help you hire an expert witness and pursue compensation for your losses following a medical malpractice injury. Contact a personal injury attorney today to learn about your legal options.
What does it Mean for a Medical Provider to Commit Malpractice?
It is unreasonable to expect that every trip to a medical provider will end with a positive result. Some injuries are so severe that they never fully heal. Still, every doctor, nurse, and dentist must provide care that gives patients the best chance for a positive outcome.
Examples of failures to provide care that result in an injury may include:
- A delayed or improper diagnosis
- A failure to properly interpret test results
- An unwillingness to refer a patient to a specialist
- Emergency room errors
- Botched surgeries
- Improper application of medication
According to O.C.G.A. §51-1-27, every provider has the duty to perform their craft to “a reasonable degree of skill and care.” State law also dictates that a failure to meet this standard is the definition of medical malpractice. A skilled lawyer could help to clarify the definition of medical malpractice as it applies to a plaintiff’s case.
The Expert Witness Requirement
No matter how obvious a medical malpractice case may appear, no plaintiff can pursue their cases on their own. O.C.G.A. §9-11-9.1 requires every medical malpractice complaint to contain an affidavit signed by a qualified expert witness. This affidavit must state that the expert has reviewed the case and that in their expert opinion, medical malpractice was the source of the plaintiff’s injuries.
This expert should be a medical professional with the same area of expertise as the defendant provider. For example, if a plaintiff’s case centers around the failure of an ER doctor to quickly recognize a heart attack, the expert witness should have a background in emergency medicine or be a professor of emergency medicine at a medical school. An Atlanta medical malpractice lawyer could help to locate, qualify, and hire the required expert medical witnesses needed to pursue medical malpractice claims.
An Atlanta Medical Malpractice Lawyer Could Help
Suffering an additional injury while visiting a medical provider is something that no person should have to experience. Every medical provider has a legal duty to provide competent care to the best of their ability. Failures to provide this care in the form of a missed diagnosis, improper analysis of test results, or a failed surgical procedure can result in life-changing consequences.
An Atlanta medical malpractice lawyer could help during every stage of your medical malpractice claim. From providing an initial evaluation of medical care, to measuring your losses, to locating and hiring qualified expert witnesses, a personal injury attorney is ready to fight for you. Contact a lawyer today to learn more about medical malpractice and your right to compensation.