In Decatur, Georgia, we have some of the best doctors, nurses, surgeons, and overall medical practitioners. Every day when you or a loved one suffers an injury or is unwell, you entrust them your life and hope for the best possible outcome. However, some medics can make a mistake. The result of the error could end up with you or a loved one with a far worse injury, you could develop further complications, or a severe illness could develop as a result. This can happen as a result of negligence or a medical professional's recklessness.
What do you do after you find out something went wrong due to the medic's negligence? You should contact a Decatur medical malpractice lawyer. At Marks Law Group, we work on complex cases, and we can let you know the legal options you should consider.
We are interested in the truth and in making sure we build a strong defense for our clients. Most lawyers do not want to work on medical malpractice cases because of how complex they are. We are confident in our skills, and we know what we are doing. We have represented a variety of clients in a similar position, helped them file a claim, and they were able to get the compensation they deserved.
We understand how serious this is to you, and we take it seriously as well. We don't see you as just another case. We are passionate about being the voice of those hurt by medical professionals' negligence. If you are facing a case of medical negligence, call our office at (678) 251-9309, we will come to you. We have the heart and the capability to work on your case and get you justice.
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Determining If You Have a Medical Malpractice Case
Like any other person in a different field, a medical professional can make a mistake while offering treatment to patients. Some mistakes can be looked over since they are minor mistakes. However, suppose it is a significant mistake, or several errors have been committed all at once. In that case, it can result in the patient getting serious medical malpractice injuries.
In a medical malpractice case, your personal injury attorneys will be trying to prove several things.
- That the healthcare provider had a duty of care toward the patient
- The error made by the medical practitioner caused harm to the patient
- There was a breach in the standards of care offered to the patient
Other mistakes that can result in a lawsuit are:
- Missed diagnosis
- Incorrect diagnosis/bad diagnosis
- unnecessary surgery
- Wrong medication
How do you know if you have a case? Here are some of the things that can help you determine if there was a breach of duty.
You did not Give Informed Consent
Most medical procedures have a percentage of risk involved or possible complications after. It is vital that before any medical procedure is carried out, the patient is told all of the risks and benefits involved.
There is a lack of informed consent:
- If the doctor fails to give the patient all of the information regarding the benefits and risks of the medical treatment. If all the risks were made known to the patient, they would either have preferred an alternative treatment or declined the procedure.
- When the doctor performs a procedure that a patient did not agree to
In this kind of case, the patient should have suffered surgery errors. The attorney does not need to prove that the health care provider did follow the standard of care while offering medical care.
An Extraordinary Consequence after the Procedure
The doctor is obligated to explain to the patient all likely outcomes of surgery. In most cases, medical professionals concentrate on letting the patient know the most common risk. However, in the event where there is a highly unusual result seen, it shows that something went wrong during the procedure.
The Medical Practitioner Comes Clean
Candor which stands for communication and optimal resolution, is a program developed by the agency for health care research and quality. The program should enable health care practitioners to be able to resolve medical errors committed.
Their principles are:
- Honesty with the patient and the family in case medical errors occur
- Offering apologies
- Give monetary compensation/ cater to medical costs
- Look into the reason why the error occurred
- Keep the patient updated about the ongoing investigation
Even with this program in place and there being ethical principles put in place, not every medical facility complies. There are still hospitals that try to hide medication errors that have happened in the hospital. After suffering harm due to medical malpractice, regardless of whether the hospital has come clean, you should talk to a Decatur medical malpractice lawyer so they can review your case.
Is It Difficult to Prove that a Medical Malpractice Occurred?
In any medical malpractice case, the most important thing to prove is whether the health care professionals were negligent. This way, you will know if you have a case and if you'll proceed to court trials.
After going through a medical procedure, there is a likelihood that you are not going to the results you want. Even if the procedure does not give you the expected outcome, it does not necessarily mean that negligence was involved.
One surgeon or medical doctor has a different way of doing things compared to another. The fact that the medical practitioner did the procedure differently from how another practitioner would have done it does not mean that negligence was involved.
It is also important to note that even if a medical provider commits a mistake, it does not necessarily mean that negligence was involved.
The only time negligent actions will be proven is if the medical provider did not do what any health care provider would do in the same position.
The burden of proof lies on the patient in a medical malpractice case. The case is time-consuming and expensive if it is viable.
A medical malpractice case should be handled with caution as it is delicate. You will need an experienced personal injury attorney to review your case and help you take legal action so you can get the best possible outcome.
Costs of Hiring a Medical Malpractice Lawyer
As a patient who wants to file a medical malpractice case, you may be wondering about the cost - how are the lawyer's fees structured - hourly or flat fee involved in hiring a personal injury attorney.
Most attorneys will give their clients a free initial consultation. In the initial consultation, the attorney will review the case and determine if it is a viable claim. Most attorneys will take on the case on a contingency payment options basis if the claim is viable.
The attorney will only get paid if you get compensated. If you do not get compensated, the attorney is under no obligation to receive any fee. However, if you do get compensated for the medical malpractice injuries, an experienced attorney will get a previously agreed-on percentage of the settlement depending on the complexities of your case.
The Most Difficult Element of Negligence to prove
Causation is one of the most challenging types of negligence to prove in a medical malpractice lawsuit. The patient is the one who has to prove that the medical practitioner committed surgical errors. Since the burden of proof lies entirely on them, it can be hard to provide evidence that their condition worsened as a result of the doctor's failure. And damages were incurred.
Call us when you need personal injury representation in a medical malpractice case.
Review Your Case With a Decatur Medical Malpractice Lawyer You can Trust
At Marks Law group, we have experienced personal injury attorneys who have deep knowledge and extensive experience working on medical malpractice claims. We have years of experience representing clients who have been unfairly treated, and we have helped them get justice. Call our Decatur personal injury firm for help!