Our Augusta medical malpractice lawyer has helped victims in your situation before and can help you navigate the claim process. Patients trust doctors and other medical providers to care for them with compassion and precision. However, when a provider commits medical malpractice, sometimes called medical negligence, those mistakes can cause life-changing consequences.
When you or someone you love is a victim of a healthcare worker’s mistake or intentional action, you need the help of an experienced personal injury lawyer. Your attorney can share their knowledge of the law to help you understand how to pursue compensation for your injuries. Our personal injury law firm at Barrios & Virgüez stands ready to help you with your legal case.
Medical Malpractice and Medical Errors: How They Differ
Medical errors and medical malpractice are different in the eyes of the law. Medical errors refer to any mistake committed in the practice of medicine. However, to claim something is medical malpractice, one must prove a higher standard: that the provider intended the action, neglected to stop it, or failed in their duty of care to the patient.
Because every individual has a unique combination of medical conditions and genetics, medical professionals must treat patients against a standard of care that assumes a predictable response to things like medication. They balance an expected outcome against factors such as a patient’s other medications, health history, and current treatment state. Additionally, if a patient is in an ER, treatment will be very different from what is given in a routine office visit.
If you believe you’ve been harmed due to a medical professional’s negligence, consulting an Augusta medical malpractice attorney can help you understand your legal options and seek compensation.
Common Types of Medical Malpractice
Medical malpractice that causes illness and injury can happen in many situations. Although it commonly occurs in hospital settings, patients can suffer in nursing homes, rehabilitative facilities, and doctors’ offices. Some common injuries that arise from medical malpractice include:
- Anesthesia errors
- Diagnosis errors
- Brain injuries
- Defective or malfunctioning medical devices
- Injuries during birth to parent or child
- Medication errors
- Surgical errors
- Misdiagnosis
- Nursing home abuse
- Birth injuries
- Foreign objects left in the body
If you suffered head trauma, an experienced brain injury lawyer can help you understand your rights. Our attorneys can also build a medical malpractice case for damages against a negligent doctor, nurse, or health care provider in Augusta.
Proving Liability for Medical Malpractice
Most medical treatments work as they are intended. Still, when a mistake occurs or there is an adverse reaction, the first thing a medical malpractice lawyer in Augusta, GA, at Barrios & Virgüez will examine is why it happened. They will investigate the training and experience of every provider involved, the records from the facility about your treatment, and whether the level of care was appropriate.
Medical malpractice is traditionally challenging to prosecute, and many states have laws limiting the amount of compensation victims can seek. You will need an experienced attorney to gather evidence, such as testimony from medical experts regarding complicated procedures. Experts can also speak to the standardized duty of care for a specific illness or condition, adding to the plaintiff’s arguments of wrongdoing.
Proving a Claim With Four Elements
To successfully argue a claim of medical malpractice, the victim must prove the following conditions:
- The doctor has a medical care relationship with the patient
- The doctor’s actions were negligent or did not meet the established standard of care in their field
- The practitioner’s negligence directly caused the resulting injury or illness
- That the resulting injury or condition led to quantifiable damages suffered by the patient
Your lawyer must clearly demonstrate how the doctor or provider did not adhere to a recognized and commonly practiced standard of care. There are many ways to show neglect of the duty of care by using evidence such as medical receipts, treatment records, hospital records, and testimony from those in the field.
Filing a Medical Malpractice Claim
Medical malpractice claims are a type of personal injury lawsuit. They are governed by a state’s laws about these legal actions but often have a subset of special laws that provide additional guidance. These suits often involve technical jargon and descriptions that can overwhelm a patient, especially if they are recovering from their injuries.
An experienced medical malpractice attorney in Augusta, GA, can untangle the confusing details and help clients understand how to proceed. Most providers will carry medical malpractice insurance similar to motorist accidents. And while a car accident lawyer can help with that, filing a medical malpractice claim tends to be more complicated. Insurance company adjusters and attorneys will work hard to prevent paying claims by trying to show your injuries were caused by something else.
Georgia’s Statute of Limitations
Georgia’s statute of limitations is the same for car accidents and other cases, such as medical malpractice. It provides a two-year window from the date of injury (or death from the injury) to file a medical malpractice lawsuit. If you fail to file within the timeframe, you could lose your right to seek the maximum compensation you deserve. The attorneys at Barrios & Virgüez can explain the process of gathering evidence and building your case for the best possible outcome.
Common Injuries from Medical Malpractice
Depending on the type of medical mistake your healthcare provider made, several types of injuries are possible in medical malpractice cases. For example, if you were supposed to have a muscle tendon transfer on your left leg but woke up and found your right leg was amputated, you may have grounds for an amputation lawsuit.
In another example, suppose you are allergic to certain types of anesthesia, and your anesthesiologist did not read your chart, or your chart did not note these allergies. When anesthesia medications are administered, you may become seriously ill and suffer from symptoms of an allergic reaction or even death.
Some of the most common types of medical malpractice injuries our Augusta lawyers handle include:
- Back injuries
- Broken bones
- Emotional trauma
- Internal bleeding
- Lacerations that lead to septic shock
- Neck injuries
- Organ failure
- Paralysis
- Post-traumatic stress disorder (PTSD)
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
Suing for Damages
If you are diagnosed with another injury related to your healthcare provider’s reckless or negligent actions, you may still have the right to take legal action against them. Remember, you do not need to suffer a life-threatening injury to have grounds for a bad diagnosis claim.
As long as your healthcare provider violated the medical standard of care, and your injuries or damages have significantly affected your life, you may have the right to financial compensation for your damages and an opportunity to demand justice via a medical malpractice claim.
Damages to Seek in a Medical Malpractice Lawsuit
Damages are what you demand to pay back for your suffering and expenses caused by someone else’s actions or negligence. They fall into two categories: economic and non-economic damages. Economic losses cover expenses like medical costs, and non-economic damages address the suffering you experience.
Your medical malpractice lawyer in Augusta will help you collect documentation to allow a full accounting of what to ask for in an insurance claim or jury trial. Common items requested as damages include:
- Emotional distress
- Hospital costs such as ER or ICU treatment
- Loss of companionship
- Loss of enjoyment of life
- Lost income
- Medical bills
- Medical devices
- Medications for treatment
- Physical pain and suffering
- Surgery expenses
Under some circumstances you may be entitled to claim punitive damages. It is important to remember there are several rules to qualify for punitive damages in Georgia. Your attorney can look at your case to help you determine if you may be entitled to claim these types of damages.
Medical Malpractice FAQs You Need to Know
Here are 10 frequently asked questions (FAQs) to empower you with some basic knowledge during this challenging time.
What Are Some Signs that I Might Have a Medical Malpractice Case?
If you experienced unexpected harm after a medical procedure, received the wrong medication, or believe a doctor failed to diagnose your condition properly, these could be signs of malpractice. It’s crucial to speak with a qualified legal team to understand your specific situation.
What Is the Role of a Medical Malpractice Lawyer?
An experienced attorney can be a strong advocate for you. They can investigate your case, gather evidence, analyze medical records, and determine if you have a claim. They can also help you understand the legal process and fight for the compensation you deserve.
What Kind of Compensation Might I Be Entitled to?
Depending on the severity of your case, compensation could cover medical expenses, lost wages, pain and suffering, and emotional distress. Remember, an emotional distress lawyer can help you make informed decisions and fight for fair compensation.
How Much Does It Cost to Talk to a Lawyer?
Medical malpractice attorneys at Barrios & Virgüez offer a free consultation to discuss your situation. This is a valuable opportunity to ask questions and learn more about your legal options.
Won’t Filing a Lawsuit Be Stressful and Time-Consuming?
Medical malpractice cases can be complex, but a dedicated legal team can handle the heavy lifting. They will work diligently to resolve your case efficiently while keeping you informed throughout the process.
What if I’m Unsure About Having a Strong Case?
An experienced medical malpractice lawyer can assess your case and let you know the possibilities you have. We can also advise you on the best course of action, even if you’re unsure where to start.
Hire an Experienced Augusta Medical Malpractice Attorney Today
When trust in your doctor or medical provider is betrayed due to negligence or medical malpractice, those who wronged you must be held accountable. Seeking compensation from an insurance company or medical facility can be easier when you have the help of a skilled Augusta medical malpractice lawyer from the offices of Barrios & Virgüez.
We work hard to help you win the financial security you need for you or your loved one to move on with life. Do not let costs keep you from seeking legal help. We offer free consultations and years of experience. Contact us today to schedule your no-cost, risk-free consultation.
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