Howell Law Firm, PCHowell Law Firm, PC2026-05-20T18:25:27Zhttps://www.southgalaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203817/2022/09/cropped-howell-site-id-32x32.pngOn Behalf of Howell Law Firm<![CDATA[Unbelievable wait times in Atlanta ERs are leading to patient harm]]>https://www.southgalaw.com/?p=496992026-05-20T18:25:27Z2026-05-20T18:25:27ZPeople throughout the Atlanta area know that hospitals in the city have long waiting room times, sometimes topping six hours. Emory University Hospital and Emory University Hospital Midtown are both infamous for their ER waiting times, which average 6.1 hours for both and are number one and number two, respectively, for the longest ER wait times in the entire state. For the most part, overcrowding is the primary issue these hospitals face. Unfortunately, people who need urgent services that emergency rooms provided aren’t receiving them. This means that everything from testing to actual care and treatment is delayed.
Are long wait times automatically medical malpractice?
A long wait time in the emergency room doesn’t automatically mean that medical malpractice occurred. However, some emergency room delays cross the line into preventable harm. The issue that’s considered is whether the care provided fell below the acceptable medical standard. If the care was below the standard of care, injury to patients can occur.
When is a delay more than an inconvenience?
Certain symptoms should trigger an immediate evaluation. These include trouble breathing, stroke signs, chest pain, uncontrollable bleeding, extreme abdominal pain, head injuries and paralysis. Others might also be present. If those symptoms are overlooked, there’s a chance that the delay has ventured into medical negligence or malpractice. Busy emergency room employees may feel pressured throughout a shift, but they can’t let that lead them to provide unsafe care. If they fail to delay needed testing, fail to monitor a worsening condition, discharge a patient too soon or fail to recognize urgent symptoms, the patient may suffer irreversible harm, but there must be a connection between the delay and the deterioration of the patient’s condition. Anyone who has had a lengthy wait in an Atlanta emergency room when they presented with significant symptoms and ended up with a worsening condition that could have been prevented with proper emergency care may choose to seek compensation. These cases depend heavily on documentation and records and are often complex. Victims may choose to work with someone familiar with these matters so they can focus on healing. ]]>On Behalf of Howell Law Firm<![CDATA[When Georgia nursing shortage puts patients at risk]]>https://www.southgalaw.com/?p=496892026-04-21T16:13:34Z2026-04-21T16:11:14ZGeorgia’s nursing gap
Georgia continues to face pressure in its healthcare workforce; federal workforce projections have ranked Georgia among the states with the largest expected registered nurse shortages in coming years, at near 20% projected shortage by the next decade. When hospitals and care facilities cannot fill enough positions, patients may face longer waits, slower responses and missed care tasks.
Missed vital sign checks that delay treatment for infection or breathing trouble
Medication mistakes, including wrong doses or skipped doses
Falls after call lights go unanswered
Bedsores caused by lack of repositioning
Delayed response to distress or sudden decline
Incomplete charting that hides warning signs
Staffing pressure may explain how mistakes happen, but it usually will not excuse preventable harm.
When understaffing becomes negligence
Hospitals and other healthcare providers must still meet accepted standards of care. If staff skip basic safety steps and a patient suffers harm, a busy shift may not excuse the failure to provide safe care. Courts often look at whether the provider or facility acted reasonably under the circumstances.
Courts may also review facility decisions that helped create the risk, such as failing to schedule enough workers, ignoring repeated safety complaints or placing untrained staff in key roles. While not every mistake creates criminal exposure, more serious conduct may draw added scrutiny, including:
These situations may prompt investigators to examine whether the facility could have prevented the harm.
Holding facilities accountable
Georgia’s nursing shortage may remain a real challenge, but patients should not bear the cost through avoidable injury. Hospitals and care facilities must still make responsible staffing decisions and provide safe treatment. When they fail to do so, injured patients and families may have legal options to seek compensation and answers.]]>On Behalf of Howell Law Firm<![CDATA[Why questioning a medical mistake in Georgia is not personal]]>https://www.southgalaw.com/?p=496612026-02-06T15:16:14Z2026-02-06T15:16:14ZThe cost of professional errors
Medical mistakes create financial burdens that can bankrupt a family. Pursuing a claim focuses on these practical realities:
Unplanned hospital bills and corrective surgeries
Full recovery of lost wages and future earning capacity
Costs for long-term therapy or specialized equipment
These expenses often reach hundreds of thousands of dollars. Holding a provider accountable ensures your family does not carry this burden alone.
Navigating Georgia legal hurdles
While Georgia does not require doctors to carry liability insurance, you have a legal right to ask if they are covered. If you inquire, the law requires providers to disclose this information freely.
Filing a case involves strict procedural rules. Georgia law requires you to file a sworn affidavit from a medical expert at the same time you file your lawsuit. Furthermore, if your injury occurred during emergency care in an ER, obstetrical unit, or surgical suite, you must prove "gross negligence" by "clear and convincing evidence." This is a significantly higher burden than standard negligence cases.
Strict timelines for recovery
You must act quickly. Georgia generally requires you to file a claim within two years of the injury. A strict five-year statute of repose also exists, which bars most claims five years after the error occurred, even if you discovered the harm later.
One exception involves foreign objects left in the body, which you may file within one year of discovery. This specific exception allows you to pursue a claim even if the five-year statute of repose has already passed. Consider speaking with an attorney to protect your rights within these strict timelines.
]]>On Behalf of Howell Law Firm<![CDATA[Telehealth Gone Wrong: Unique Malpractice Risks When Your Doctor Is on a Screen, Not in the Room]]>https://www.southgalaw.com/?p=496522025-12-15T15:59:00Z2025-12-15T15:59:00ZTelehealth has changed how people across South Georgia access medical care. Patients can now save time and reduce travel through video consultations, which is especially helpful for those too unwell to leave home. Still, medical care through a screen comes with risks that patients are unaware of. When mistakes happen, it is not uncommon for patients to wonder who should be liable.
Can there be malpractice in virtual care?
Telehealth consultations limit the information doctors can use as a basis for treatment. It is also challenging for medical professionals to exercise sound clinical judgment when appointments are time-constrained or if the patient has a poor connection. Due to the virtual nature of checkups, the following malpractice concerns are often noted:
Missed or delayed diagnosis from no hands‑on exam or limited visuals
Failure to order or coordinate needed tests or in‑person follow‑up
Poor or undocumented communication about symptoms, risks or medications
Failure to spot related red flags and escalate care promptly
Inadequate informed consent about telehealth limits
Patients with serious or multiple conditions usually are the most affected because inadequate care may lead to permanent injury or death.
How Georgia medical malpractice law applies
Online consultations do not exempt doctors from liability. Under the Standard of Care in Medical Malpractice Law, medical professionals must use reasonable care and skill in diagnosis and treatment. That duty applies whether the visit occurs in a hospital room or through a computer screen.Medical malpractice cases require solid evidence. This may be difficult for the wronged patient to secure because telehealth consultations often involve multiple providers, out-of-state doctors and digital records. Some patients sometimes back out because these factors often make cases harder to evaluate and more expensive to pursue.
When to consult a medical malpractice attorney
When something goes wrong after a tele consult, patients often feel lost and confused. In case of uncertainty, they can talk to a medical malpractice lawyer who can answer their questions and help them start the process if they wish to file a claim. A skilled attorney can advocate for their rights at a time when technology seems to blur the lines of liability.]]>On Behalf of Howell Law Firm<![CDATA[How Georgia’s ‘Apology Law’ Impacts Malpractice Cases]]>https://www.southgalaw.com/?p=496382025-10-13T15:24:55Z2025-10-13T13:12:44ZWhat does the law say?
Georgia Code §24−4−416(b) broadly protects both sympathy and direct admissions of fault from being admissible as evidence of liability. This means the court cannot use any statement of sympathy, apology or acknowledgment of fault or error made by a healthcare provider after an unexpected medical outcome as evidence of liability in a malpractice lawsuit.
Here is an example. If a doctor says, “I’m so sorry this happened,” that is a protected statement. Patients cannot assume that this is an admission of the doctor’s guilt or participation in a specific medical case’s outcome. The law understands that empathy is crucial in preserving trust between patients and providers, and that compassion does not automatically translate to guilt.
Note that the protection also extends to statements admitting fault or error, such as “This is all my fault,” These statements are likewise inadmissible as evidence of liability under Georgia’s statute.
Why should this matter to patients and providers?
This distinction can significantly shape the outcome of a malpractice case. While the law protects apologies and even admissions of fault, factual descriptions of what happened—such as statements that explain the specific negligent act—may still carry risk if they reveal details of the conduct itself. Here is a quick guide to understand the difference:
Protected under the law: “I’m sorry for what you are going through.”
Also protected: “I made an error during the procedure.”
Potentially unprotected: “I know what happened, I miscalculated the dosage.”
There are several versions of these statements, but courts typically protect simple words of compassion and may examine specific factual admissions of negligent conduct.
What to do if you believe malpractice occurred
If you suspect a medical professional’s error caused harm, consult a medical malpractice attorney right away. A well-practiced lawyer can evaluate whether a provider’s statement qualifies as protected sympathy or a legally admissible admission of fault.
The apology law promotes compassion but does not conceal negligence. Knowing the difference can make all the difference in protecting your rights as a patient. Be open to your provider’s sympathy but seek legal guidance if their words include specific details about what went wrong.]]>On Behalf of Howell Law Firm<![CDATA[Do you need a medical review panel in Georgia?]]>https://www.southgalaw.com/?p=496282025-08-20T11:49:55Z2025-08-25T11:48:33ZIf you’re thinking about filing a medical malpractice claim in Georgia, you may have come across the term medical review panel. In some states, these panels are a required step before you can even get into court. However, does that apply to you in Georgia?
The answer may simplify your legal journey.
Understanding what a medical review panel is
A medical review panel is a group of medical professionals, often composed of about three doctors, who review malpractice claims before they go to trial. Their job is to determine if your claim has enough merit to proceed. Some states make this step mandatory to reduce frivolous lawsuits and speed up the legal process.Yet here’s the thing: Georgia doesn’t follow that route anymore.
Why Georgia doesn’t use medical review panels
While some states require a medical review panel before a malpractice lawsuit can move forward, Georgia doesn’t. A law attempting this was struck down decades ago for violating your right to a jury trial, so your path to court is direct.
What this means for your malpractice claim
If you’re filing a malpractice lawsuit in Georgia, the good news is clear: you can head straight to litigation. You don't have to wait for a panel to approve your claim. That means fewer delays, fewer hoops to jump through and more direct access to justice.Here’s what the path usually looks like in Georgia:
Step 1: Consult a qualified medical malpractice attorney
Step 2: Collect and review your medical records
Step 3: File a lawsuit along with an expert affidavit, as required under Georgia law
Step 4: Proceed through discovery and litigation in court
This process still has its legal complexities, but you won’t be stuck waiting for an outside group to determine if your story matters.
How Georgia law protects your right to a trial
Georgia law emphasizes your right to a fair trial. Unlike states that rely on panels to gatekeep the legal process, Georgia places that responsibility in the hands of the courts and ultimately, a jury of your peers. This setup reflects both state and federal principles that guard against barriers to justice.While you are required to submit an expert affidavit with your initial filing (a document from a qualified medical expert stating that the claim has merit), that requirement is not the same as going through a medical review panel.
Don’t let misinformation slow you down
If you’ve been injured due to medical negligence, time matters and so does accurate information. Georgia does not require a medical review panel before you file your lawsuit. That means you can take meaningful legal action right away, without jumping through extra bureaucratic hoops.Whether you’ve been misinformed or are just starting your research, knowing the truth about review panels in Georgia can help you take confident and informed steps forward.
Take the next step with confidence
You don’t have to deal with unnecessary delays or outdated procedures. In Georgia, your right to seek justice isn’t blocked by a medical review panel. With the right legal support, you can move forward confidently. Understanding the process is the first step. Now it's time to take action and protect your rights.
]]>On Behalf of Howell Law Firm<![CDATA[5 common types of medical malpractice claims in Georgia]]>https://www.southgalaw.com/?p=496132025-05-28T15:11:56Z2025-05-28T15:11:56ZUnderstanding 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.]]>On Behalf of Howell Law Firm<![CDATA[Telemedicine and medical malpractice in Georgia: Know your rights]]>https://www.southgalaw.com/?p=496022025-05-02T12:20:16Z2025-05-02T12:20:16ZThe standard of care does not disappear online
Under Georgia law, a provider must uphold the same standard of care, regardless of whether they see you in person or online. A virtual format doesn’t lower that threshold.
If your doctor misdiagnoses a condition, fails to order necessary tests or overlooks symptoms that should have raised concern, you can still pursue legal action. The delivery method changes, but the legal duty remains the same.
Common failures in virtual care settings
A screen limits what a provider can see, hear and assess in real time. Without a physical exam, warning signs often slip through the cracks. You’re also expected to self-report symptoms with greater clarity — describing pain, showing injuries through a camera or recalling details that a provider might have otherwise detected on their own.
This shift in diagnostic responsibility can ultimately disadvantage you, especially if the provider skips key questions, dismisses concerns or rushes through the visit.
Delayed diagnoses and poorly managed conditions remain two of the most common reasons telemedicine leads to malpractice claims in Georgia.
What it takes to prove telemedicine malpractice
When healthcare happens online, the process of building a case shifts. Instead of relying on physical charts or in-person testimony, you’ll likely need to reference video recordings, chat logs, platform timestamps or electronic visit summaries.
These records can work in your favor — but only if you or your attorney access them early. Providers may fail to document key observations or omit follow-up instructions entirely. If you don’t request your records or track the communication trail, critical details may disappear.
Still, the question at the heart of every malpractice case stays the same: Did the provider act as a reasonably competent professional would under the circumstances? If not, Georgia law gives you the right to take action.
You still have rights, even behind a screen
Telemedicine doesn’t create a legal loophole. If a provider’s decision during a virtual visit caused you harm, you’re not stuck. However, remote care introduces new challenges, both medically and legally, that make it harder to spot what went wrong.
If something feels off or unresolved after a telemedicine appointment, don’t wait for it to escalate. The sooner you begin piecing things together, the easier it becomes to evaluate your options and assert your rights.
Virtual doesn’t mean vague. You deserve clarity, and Georgia law still protects your ability to demand it.]]>On Behalf of Howell Law Firm<![CDATA[How to Prove a Failure to Diagnose Case in Georgia Courts]]>https://www.southgalaw.com/?p=495902025-02-28T14:18:42Z2025-02-28T14:18:42ZMedical misdiagnosis often creates serious health complications for patients seeking treatment. Georgia courts handle these cases as distinct medical malpractice claims that demand specific types of proof.
Your success in proving a failure to diagnose depends on meeting strict legal standards within Georgia's court system. A strong case needs clear documentation, reliable testimony and proof of actual harm.
Key requirements for your case
The Georgia legal system expects you to prove several crucial elements when filing a failure to diagnose claim. Your understanding of these requirements can help you build a more effective case:
Medical relationship: Medical charts must show your doctor formally accepted you as a patient
Treatment standards: Your evidence should detail normal medical procedures for your condition
Direct harm: Your case must link the missed diagnosis to specific health problems
Personal losses: Financial records should detail all costs from the delayed treatment
Time limits: Georgia law requires filing within two years of the missed diagnosis
Robust evidence forms the backbone of every successful medical malpractice claim in Georgia courts. Meeting court deadlines is critical to keeping your legal rights intact.
Building your evidence package
Achieving a favorable outcome in your case depends on organizing clear proof of medical negligence. Each piece of evidence must support your claim of diagnostic failure.
Medical files from all your healthcare providers
Detailed records of symptoms and complaints
Professional opinions from medical experts
Bills from additional medical treatments
Proof of lost wages and other expenses
Documentation of physical and emotional suffering
Records of any follow-up care or rehabilitation
Witness statements about your daily life changes
Medical malpractice attorneys know how to organize these materials for strong impact in court. Their experience aids them when it comes to handling medical evidence requirements.A successful failure to diagnose case needs strong proof and reliable support throughout the legal process. Your careful attention to documentation requirements can strengthen your position when seeking compensation through Georgia courts.]]>On Behalf of Howell Law Firm, PC<![CDATA[Understanding birth injuries: A guide for Georgia parents]]>https://www.southgalaw.com/?p=495172024-12-31T17:23:12Z2024-12-31T17:23:12ZPhysical injuries: Recognizing the signs
Physical birth injuries can involve various parts of the baby's body. Some of the most common include:
Brachial plexus injuries: These injuries affect the nerves in the shoulder and neck, often causing weakness or paralysis in the arm. They can occur when excessive force is applied to the baby's head and neck during delivery.
Cephalohematoma: This is a collection of blood under the scalp that can result from prolonged labor or the use of forceps or vacuum extraction. While often harmless, it can sometimes lead to jaundice or infection.
Clavicle fracture: The clavicle, or collarbone, is the most commonly fractured bone during delivery. This can happen if the baby's shoulders become stuck during birth. While usually healing well on its own, a fractured clavicle can cause discomfort for the newborn.
While these are just a few examples, it's important to be aware of the potential for physical birth injuries. Prompt recognition and appropriate medical intervention can help minimize discomfort and ensure the best possible outcome for your newborn.
Brain injuries: The importance of early detection
Brain injuries during birth can have profound and lasting effects. Two common types include:
Hypoxic-Ischemic Encephalopathy (HIE): This occurs when the baby's brain doesn't receive enough oxygen during labor or delivery. It can lead to developmental delays, cerebral palsy and other neurological problems.
Intracranial hemorrhage: Bleeding within the skull can occur due to trauma during birth. Depending on the severity and location of the bleeding, it can cause a range of complications, from seizures to developmental disabilities.
Early detection and intervention are critical because brain injuries can have lifelong consequences. If you suspect your baby may have suffered a brain injury during birth, seeking immediate medical evaluation is crucial.
Birth injuries can be a devastating experience for families. While not all birth injuries are preventable, proper prenatal care, skilled medical professionals and attentive monitoring during labor and delivery can significantly reduce the risk. If you suspect your child has suffered a birth injury, seeking immediate medical attention and consulting with a legal professional experienced in birth injury cases is crucial for protecting your child's rights and ensuring they receive the best possible care.]]>