Medical Malpractice

Personal Injury & Workers' Compensation Attorneys Serving Atlanta, Marietta, Cumming, And Nearby Areas Of Georgia

Every day, doctors and other health care providers find themselves in life-or-death situations. When treating the sick and injured, these medical professionals are expected to maintain a standard of care. When they fail to provide this standard of care, the consequences can be devastating for patients and their families.

If you live in Atlanta or Marietta, Georgia, and are seeking an experienced medical malpractice attorney, please call the Law Offices of Humberto Izquierdo, Jr., PC today at 770-888-8901 to discuss your case for free. We work on a contingency-fee basis, which means you owe us nothing unless we reach a successful outcome in your case.

What Is Medical Malpractice?

Medical malpractice is the area of law which governs cases in which your doctor or other medical professional failed to provide the standard of care that a similarly experienced professional would have provided, and that lack of care was directly responsible for harming you.

The standard of care that medical professionals are required to provide is the sum of the medical knowledge accumulated over centuries of scientific study and discovery. This knowledge is relied upon to effectively diagnose and treat patients. It is essentially a sort of playbook that outlines best practices for patient treatment.

In the event that your doctor does not know the proper treatment to provide, he or she is required to request a professional opinion from a specialist or seek an answer from established documentation.

What Are Some Examples of Medical Malpractice?

A doctor’s first rule is “do no harm”. Unfortunately, mistakes still happen, whether through inattentiveness or negligence. All health care providers, including doctors, nurses, dentists, chiropractors, nursing home professionals and hospital workers, are required to act in accordance with the prevailing standard of care.

Our skilled medical malpractice lawyers can help you pursue compensation for injury or death that occurs from negligence such as:

  • Surgical errors
  • Misdiagnosis
  • Failure to diagnose
  • Delayed diagnosis
  • Emergency room errors
  • Medication errors
  • Pharmaceutical injuries
  • Birth injuries
  • Anesthesia errors
  • Nursing home negligence
  • Hospital negligence
  • Nurse negligence
  • Doctor negligence
  • Specialist negligence

How Common Is Medical Malpractice in Georgia?

Medical malpractice is not unheard of in Georgia. There were 15,556 adverse action reports and 9,838 medical payment reports in the state between 1990 and 2021, according to NPDB data.

Keep in mind that the vast majority of medical mistakes go unreported despite legal reporting requirements. Those medical mistakes include accidents, errors, and other adverse events. 

What Must Be Proven To Win a Medical Malpractice Case?

There are a few basic requirements for a winning medical malpractice case. First, you must be able to show that a doctor-patient relationship existed. This relationship is usually quite simple to prove.

Next, you must be able to illustrate that the doctor was negligent regarding your diagnosis or treatment. The doctor must have deviated from the appropriate standards of medical care. In most states, you need to present a medical expert who has the authority to discuss this point.

After that, it is necessary to show that the doctor's negligence caused your injury. Finally, you will need to prove that you suffered harm. Some of the damages you can sue for include physical pain, mental anguish, medical bills, missed work, and loss of earning capacity. 

What Are the Most Common Types of Medical Malpractice Cases?

There are so many different situations that can result in a medical malpractice claim. However, the most common types of medical malpractice tend to fall into a few categories, such as:

  • Failure to diagnose
  • Improper treatment
  • Failure to warn a patient of known risks

How Soon After My Injury Should I Contact an Attorney?

Always contact an attorney as soon as you suspect medical malpractice. You must bring your claim quickly to protect your legal rights. Otherwise, you risk it being dismissed by the court.

We offer information on this page about the deadlines to sue for medical malpractice in Georgia. However, we will gladly discuss the exact timeline of your claim during a free legal consultation.

How Can the Law Offices of Humberto Izquierdo, Jr., PC Help You in Your Medical Malpractice Case?

Contacting an experienced medical malpractice lawyer can make all the difference in your case. Our attorneys know what it takes to build a strong legal claim. Generally, we can help with:

  • Gathering evidence
  • Meeting deadlines
  • Calculating your damages 
  • Finding expert medical witnesses 
  • Negotiating with insurance companies
  • Flagging a bad settlement offer
  • Preparing your case for court 

We invite you to read our client testimonials and view our case results. They speak to our expertise, professionalism, and dedication. We are passionate about helping the injured members of our community.

What Is The Difference Between Negligence And Malpractice?

The terms medical negligence and medical malpractice are often misunderstood and used interchangeably. While medical negligence is an aspect of malpractice, it is only one component of a med mal claim. Unless you can prove that it directly caused your injuries, negligence is not grounds for a medical malpractice lawsuit.

How Long Do I Have to Sue for Medical Malpractice in Georgia?

If you want to file a medical malpractice lawsuit in the state of Georgia, you need to know the statute of limitations. That is the deadline for getting your case started. If you miss the deadline, your case will be dismissed, no matter how badly you were hurt or how outrageous your health provider’s conduct.

The standard statute of limitations for a medical malpractice lawsuit in Georgia is two years after the date of injury or death. There are a few exceptions that extend this deadline.

Sometimes, the harm to a patient is not immediately obvious, and it can manifest years after the treatment occurred. If you are in a situation like that, you have no more than five years after the date on which the medical malpractice took place to file your claim. 

The only other special case applies to a foreign object left in a patient’s body. A medical malpractice claim can be brought within one year after the object was discovered. 

Can I File a Malpractice Suit Against a Hospital?

You can file a medical malpractice lawsuit against a hospital. The facility itself can be held responsible for your substandard care if the doctor who treated you is an employee there or if their lack of ability should have been apparent to the hospital. 

You may also be able to sue the doctor or nurse who was responsible for the medical error. Ambulance services can also be held liable under certain circumstances. 

It is important to bring all potentially-responsible parties to the lawsuit. You may not be able to go back and add a party later on. Our attorneys will determine who you should sue based on the details of your case. 

How Is Compensation For A Medical Malpractice Case Determined?

The amount of compensation to which you and your family could be entitled depends on a number of factors. Depending on the details of your med mal case, you could be eligible to collect damages for:

  • Medical expenses, rehabilitation and long-term care
  • Lost wages and diminished earning capacity
  • Physical disability
  • Disfigurement
  • Pain and suffering

In the tragic event that negligence led to the loss of a loved one, you may be entitled to compensation for end-of-life expenses and other damages in a wrongful death claim.

How Long Will I Be in Court for Medical Malpractice?

Most medical malpractice cases end in a negotiated settlement. If your case is one of the few that go to trial, you may be in court for anywhere from one to six weeks. 

The length of the trial depends on the complexity of the situation. Our attorneys will need time to present evidence, call expert medical witnesses, and fight for the justice and compensation you deserve.

How Can I Prepare for Litigation?

Preparing for litigation does not have to be intimidating. Our medical malpractice attorneys will help you get ready to settle your dispute in a court of law. Simply follow our recommendations and requests to have the best shot at winning your case. 

The thing that most people feel anxious about is being called as a witness during the trial. It can be a lot easier to talk in front of a group of strangers if you practice what you want to say. Preparing for any hard questions that might come your way will also make the experience a lot less nerve-wracking. 

It is also important to:

  • Be aware of your body language
  • Wear neutral colors
  • Keep jewelry to a minimum 

Schedule Your Free Med Mal Consultation Today

If you or a family member has been injured due to medical malpractice, please schedule your free consultation today by completing the form on this page or calling 770-888-8901. Our experienced medical malpractice lawyers help injury victims from Atlanta, Marietta and the surrounding communities of Georgia.