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Proving Atlanta Medical Malpractice
Valid Georgia Medical Negligence Claims
Medical malpractice is a legal term that addresses a specific type of negligence – one that is perpetrated by a medical professional or institution. As any Georgia medical negligence attorney knows, the first fact for injured persons to remember is that malpractice must be proved if a case is to be successful. The second may just as important: not every bad outcome is the result of medical malpractice.
A bad outcome may be the result of a number of factors beyond a doctor’s control. It may be due to the nature of the procedure (i.e., it carries great risk no matter what the situation), mistakes on the patient’s part (i.e., lying to a nurse or not following the instruction given to them), or other unforeseeable issues. However, if medical malpractice is proved, a patient may be able to recover compensation for the costs of medical bills, lost wages from time out of work, pain and suffering, and other damages depending on the seriousness of the injuries and the negligence that occurred.
If you believe you have been the victim of medical malpractice, contact our medical negligence lawyers for a free consultation and learn more about your rights.
Proving Georgia Medical Negligence
Negligence refers to a specific set of circumstances that results in the wrongful injury of a person or their property. They key elements of proving medical negligence are as follows:
- The person accused of negligence must have owed the injured person a duty of care. In the case of medical malpractice, this includes the responsibility of a doctor to his or her patient, as well as nurses’, pharmacists’, and hospitals’ similar duties. A person who accuses another party of medical malpractice must prove this duty of care was owed to them. This is especially essential to Georgia medical abandonment cases.
- The medical professional must have breached that duty. Somewhere, in the course of the patient’s interaction with the medical professional or institution, there was a mistake made by the defending party that would be considered unacceptable for another professional in that circumstance. This is often established according to the standard of care in a given situation. Medical journals and expert testimony can attest to what the appropriate behavior for a reasonable, comparably trained person should be in given situation.
- The plaintiff must prove that he or she was injured as a result of the negligence. The injuries that the victim has sustained must be inextricably linked to the negligent behavior of the medical professional, or there is no claim to damages.
Georgia Medical Malpractice Attorneys
If you have been injured due to a medical care provider’s negligence, having an attorney to fight for your rights is an important asset. Medical negligence lawsuits often require expert testimony to establish that a doctor is at fault, as well as enough evidence to prove that the negligence contributed to your injuries.
The medical malpractice lawyers at Morgan & Morgan’s Atlanta law offices have the experience and the resources to thoroughly investigate and aggressively defend a valid medical malpractice claim. If you or your loved one has been injured due to medical negligence in Georgia, contact us today for a free lawsuit evaluation.
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Review our Verdict Record
- $90,200,000
- Tobacco Litigation Attorneys
Recovery in a lawsuit against R.J. Reynolds Tobacco Co. Woman was widowed when her husband died from lung cancer. The total award after apportioning damages based on assignment of fault was $46.3 million.
- $40,000,000
- Tobacco Litigation Attorneys
In a case against R.J. Reynolds and Philip Morris, attorneys Keith Mitnik, Greg Prysock, Joe Taraska and Katy Massa recovered a $40 million tobacco litigation verdict on behalf of the husband and daughter of a woman who died after smoking two packs of cigarettes a day for 36 years.
- $38,750,000
- Medical Malpractice - Birth Injury Attorneys
Failure to perform a timely C-section resulting in serious injury.
- $19,200,000
- Medical Malpractice - Medication Overdose Attorneys
Medication overdose of a 26 week premature newborn against a hospital.
- $18,800,000
- Motorcycle Accident Attorneys
In January 2011, Keith Mitnik obtained an $18.8 million verdict on behalf of a motorcyclist who was rendered a paraplegic when a car pulled out in front of him.
- $12,200,000
- Car Accident - Paralysis Attorneys
11-year-old girl involved in rear-end motor vehicle accident suffered paralysis from the waist down.
- $10,000,000
- Wage and Hour - Class Action Attorneys
Recovery for national class of poultry workers.
- $9,990,000
- Overtime - Illegal Chinese Overtime Attorneys
Award for a class of oil, gas and petroleum inspectors paid illegal "chinese overtime" rather than proper time and a half.
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