Legal

WHAT ARE THE BASICS OF A MALPRACTICE LAWSUIT?

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What kind of action should you take if you or someone you care about suspects that they have been the victim of medical negligence? In contrast to what most people believe, there is an alarmingly high rate of medical misconduct in the United States. 

Medical professionals are human, which means that despite their knowledge and training, they are still capable of making mistakes that can have life-threatening or even fatal consequences.

We represented the family of a young girl who had horrible injuries due to a doctor’s failure to appropriately warn her about the risks associated with choosing a single antihypertensive medication while pregnant. In the end, the partners successfully obtained a judgment verdict for the family of $12,000,000 due to their prior experience in the judicial system.

This general rule, of course, has several notable exemptions. To file a claim for medical malpractice in Atlanta, you need to demonstrate that your doctor acted negligently.

You can acquire more information on the fundamentals of a medical negligence claim by reading the following section, or you can contact legal professionals such as Wrongful Death Lawyer in Atlanta to discuss a potential claim.

First Medical Malpractice Legal Elements

The patient is owed a professional obligation by the doctor, and to move further with the case; the doctor must demonstrate that the patient’s duty was breached.

When you go to the doctor for a scheduled appointment, the physician takes on responsibility in their professional capacity on your behalf. The doctor should ensure that you have access to a physician who can provide an appropriate diagnosis based on your symptoms. If we take the example of a cancer screening, the physician who does it on you in the doctor’s office needs to do it appropriately.

If the physician does not read and report your tests’ findings, your life may be in danger. It is possible that this commitment has been breached if your physician incorrectly interprets your test results or performs an inadequate examination.

Second Medical Malpractice Legal Elements

In a case alleging medical negligence, the next stages are to prove that harm occurred and that damages were incurred.

During surgery, there is always a chance that the attending physician will make a mistake, resulting in the client becoming ill or wounded. Surgical errors can take many forms, including performing surgery on the wrong portion of the body, inserting foreign objects into patients, and failing to adhere to the established norms for cleanliness and safety.

The third part of medical negligence is showing damages; that is why each of these errors might potentially result in significant bodily harm and acute agony and suffering for the patient. Do not overlook the fact that the nature of damages can be either financial or non-financial.

The economy can be significantly impacted in a variety of ways by the negligence that occurs in the medical field. If a medical mistake causes you to miss time from work, you may incur financial losses if you make a mistake in your medical care. In that case, it is possible that you could wind up having to pay for medication that you did not require or having to attend several unnecessary and costly doctor’s appointments.

Damages could also be calculated based on the amount of harm caused or the amount it would cost to stop the harm that a healthcare practitioner created. Lastly, the pain and suffering you may have had to go through as a direct result of this traumatic experience are considered non-economic losses.

THOUGHTS AT THE END

It’s possible that a negligent medical professional caused you harm. Is it possible that a medical professional made a mistake that harmed your health and caused you to suffer consequences? If this is the case, you might have a legal argument on your side. Atlanta attorneys specializing in medical negligence will fight to protect your legal rights. Call our legal team at this moment to receive a free consultation.

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