Imagine having a regular check-up with a doctor you trust, but things take a surprising turn for the worse by the end of the day. You are faced with unexpected complications, confusing explanations from medical staff and a growing stack of expensive medical bills. Most alarmingly, you suspect something preventable went wrong.
This happens every day in Georgia hospitals and clinics. If you think a healthcare provider did not give you proper care, you might have a medical malpractice claim under Georgia law.
Understanding medical negligence in Georgia
When a medical professional’s care falls below established standards and results in patient injury or death, this constitutes medical malpractice. The “standard of care” is the level of care that a competent healthcare professional would normally provide in a similar situation.
Think of it like a benchmark for quality care. If a medical provider falls short of this benchmark, it can be considered medical malpractice.
Common medical malpractice claims
Here are some common situations that can lead to a medical malpractice claim:
- Misdiagnosis or delayed diagnosis: This can happen if a doctor’s diagnosis is either inaccurate or not provided soon enough. Due to this delay, the patient might get the wrong treatment or their health could worsen.
- Surgical errors: Mistakes made during surgery can include operating on the wrong part of the body, leaving medical instruments inside the patient or causing unintentional harm during the operation.
- Medication errors: Harm can result from giving a patient the wrong medication, an incorrect dosage or a drug to which they have a known allergy. Pharmacists and prescribing doctors can both be responsible.
- Birth injuries: These are injuries to a mother or child that occur during pregnancy, labor or delivery due to a healthcare provider’s negligence. Examples include cerebral palsy caused oxygen deprivation.
- Anesthesia errors: This could involve administering too much or too little anesthesia or using a type of anesthesia that harms the patient.
These examples show common ways medical negligence can occur. Your own situation might involve different circumstances.
Compensation is available
Georgia allows victims to seek various damages for medical malpractice. There is no limit on how much you can recover for economic damages, or the actual money you have lost or had to spend because of the medical error (like hospital bills and missed paychecks).
Georgia previously had a $350,000 cap on non-economic damages such as pain and suffering. The Supreme Court of Georgia ruled this unconstitutional in 2010.
If you think you or a loved one might be a victim of medical malpractice, it is essential to seek legal advice. A skilled lawyer can assist you in collecting your medical records, consulting with expert witnesses and filing the required paperwork on time.