Medical and healthcare professionals don’t have to get away with carelessness or negligence toward a patient. Medical malpractice law holds medical professionals accountable for their actions and inactions at every point of their practice.
The medical malpractice law was established to gag the excesses of medical professionals to protect patients. Suppose a medical professional mistreated, misdiagnosed, or neglected a patient, which led to death or injury. That patient or their family can file a medical malpractice claim against the medical professionals.
Before we go further, let’s understand what medical malpractice means. Medical malpractice occurs when a healthcare professional or establishment fails to carry out the standard of care toward a patient, thereby killing or injuring the patient.
When do you file your medical malpractice claim?
Three factors to look out for before you file for medical malpractice claims:
1. Existing Relationship: A relationship between the patient and the medical professional or establishment must exist.
2. Evidence of negligence or malpractice: The patient has to prove that the medical professional failed to carry out the standard of care.
3. Evidence of injury or loss of life: Whether physical or psychological injury, there should be proof that the medical professional’s actions or inactions hurt or caused the death of the patient.
What does the standard of care mean?
To be able to file medical malpractice claims, the medical professional or establishment must have gone below the standard of care. The standard of care means the exact care another medical professional of the same level and experience would have given the patient under the same circumstance.
For instance, if a medical professional misdiagnosed a patient of cancer when another medical professional of the same level and experience could have rightly diagnosed it as a non-cancerous lump, the patient can sue if the misdiagnosis hurt them.
What are the most common types of medical malpractice lawsuits?
There are different medical malpractice lawsuits, but we’ll mention the most common types.
1. Medical errors
2. Failure to treat
3. Delayed diagnosis
4. Misdiagnoses
5. Birth injuries
6. Surgical errors
7. Errors in the emergency room (ER)
8. Errors in administering anesthesia
Who can a patient hold liable for medical malpractice?
Under medical malpractice law, the patient can hold any medical professional directly involved in the medical practice accountable. Medical Professionals who can be held liable for medical malpractice:
▪️Physicians
▪️Surgeons
▪️Nurses
▪️Psychiatrists
▪️Consultant specialists
▪️Pharmacists
▪️Medical practices/hospitals/clinics
▪️Dentists
▪️Anesthesiologists
▪️Oncologists
▪️Radiologists
What to do when you’re injured by medical negligence
Your first step is to speak to a personal injury lawyer. In the state of Georgia, when you fail to file a medical malpractice claim two years after the injury, it can affect the outcome. You must act fast to avoid exceeding the statute of limitations.
The court can classify the case as void and throw it out when you file two years post-injury. So, don’t hesitate to speak with a personal injury lawyer in Georgia to know your next step.
What kind of compensation can I receive in a medical malpractice lawsuit?
These three factors determine the compensation you’ll get from a medical malpractice lawsuit:
1. Type of injury
2. Extent of injury
3. Nature of injury or negligence
4. Severity of injury
Common compensations in medical malpractice claims
In a medical malpractice lawsuit, there are two types of compensation — monetary and non-monetary damages. Monetary damages, as the name implies, are granted when the patient incurred financial losses and expenses due to the medical professional’s (defendant) negligence.
When the medical malpractice didn’t affect the patient’s finances or loss of ability to earn, non-monetary damages can be awarded.
Examples of monetary damages for medical malpractice claims:
1. Medical bills
2. Loss of ability to earn
3. Distress and discomfort
4. Loss of marital benefits
5. Wages lost
In a later article, we will highlight damages for medical malpractice claims.
Hiring the right personal injury lawyer is a huge plus. Schedule your appointment to discuss with lawyers who are experienced in handling personal injury claims in the state of Georgia.