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Medical malpractice is when a doctor or medical professional does not provide the proper treatment, fails to take appropriate action, or gives poor-quality care that results in the injury or death of a patient.
Doctors and other healthcare professionals have a duty to do no harm and provide comprehensive treatment to every patient. When they fail to do so because of negligence, carelessness, or improper technique, they run the risk of causing additional complications on top of the patient’s original issue, sometimes resulting in wrongful death.
The law calls such situations medical malpractice, and victims need to know their rights and options for legal action by speaking with an experienced Atlanta medical malpractice lawyer as soon as possible. They should also speak up on behalf of others to prevent such actions from ever reoccurring.
What Is Medical Malpractice?
Simply put, medical malpractice is negligence in the medical field. When it comes to health and medicine, doctors need to ensure they are doing the best they can at all times.
Why? Because the well-being of a patient is no light matter. One error can result in disastrous consequences; doctors are held to a high standard because their work puts their patients’ lives in their hands.
There are roughly 15,000 to 19,000 medical malpractice cases each year in the U.S. It is essential to know how to recognize when you or your loved one has suffered from malpractice and the legal options you have available to you.
Types of Medical Malpractice
The main types of medical malpractice are malpractice by commission and malpractice by omission:
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Malpractice by commission
Situations in which a doctor proactively does something that harms the patient, which could include operating on the wrong body part or performing a procedure under the influence of alcohol.
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Malpractice by omission
Situations in which the healthcare professional or doctor forgets to perform a necessary step or neglects to complete a necessary action.
If something goes awry during a medical procedure, it does not automatically qualify as medical malpractice. Doctors cannot be held accountable for the unexpected as long as they perform their duties with the necessary skill and attention to detail that any other similarly skilled professional would use. Medical malpractice essentially describes negligence.
Other types of malpractice include:
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Surgical errors
Which include cases in which a doctor operates on the wrong body part or on the wrong side of the body, leaves medical devices inside a patient, or damages the patient during a procedure.
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Lack of informed consent
Which describes any situation wherein the healthcare professional did not fully inform a patient about the risks of a particular treatment plan. Doctors must ensure their patients are fully informed of all details of their treatment so they can make informed decisions about particular procedures or treatments.
What Is Informed Consent?
The idea of “informed consent” in healthcare is the process by which a patient voluntarily agrees to a medical treatment or procedure after being informed of the risks, benefits, alternatives, and potential outcomes of accepting that treatment or procedure. It helps patients make knowledgeable decisions about their care.
The key elements of informed consent in medical practice are:
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Disclosure
Your healthcare provider must explain your diagnosis, their proposed treatment or procedure, the potential risks and benefits of that treatment, and any reasonable alternatives (including what would happen if you did nothing at all).
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Comprehension
You must be able to understand the information provided. This may require your provider to use plain language, visual aids, or translators when necessary.
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Voluntariness
Your decision must be made freely, without coercion or undue pressure from healthcare providers, family, or anyone else.
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Competence
You must have the mental capacity to make decisions about your healthcare.
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Consent
You must explicitly agree to the treatment, usually in writing via a signed consent form, though verbal consent may be sufficient in some situations.
A doctor may not be able to obtain a patient’s consent in an emergency. If a patient is unresponsive, the doctor may use his or her best judgment to perform a procedure without the patient’s consent. This would not count as medical malpractice since the doctor acted in the patient’s best interest.
Recovering Financial Compensation from Medical Malpractice
Medical malpractice can incur several damages, both economic and non-economic. Here are some damages you can seek restitution for when filing a claim.
Economic Damages
Economic damages are defined as damages that have measurable financial losses. In other words, the damages you sustained have a clear monetary value attached to them, making them easier to calculate. Economic damages typically entail:
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Medical Expenses
Medical expenses encompass hospital visits, specialist visits, medical procedures, physical therapy, medical equipment, psychological services, and prescriptions.
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Lost Wages
The injuries you sustained due to medical malpractice can leave you unable to work while you recover or even unable to return to work after. In these instances, you could recover any current and future lost wages in your settlement.
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Burial and Funeral Expenses
Should medical malpractice result in the tragic loss of a loved one, you could recover burial and funeral expenses in your settlement. You do not have to pay for these costs on your own and can factor in these expenses as economic damages.
This is only a small list of what economic damages can look like. Every medical malpractice case is unique in its own way. If you suffered financial hardship due to medical malpractice, there is a good chance you can factor those losses into your settlement.
Non-Economic Damages
Non-economic damages are damages that do not have a fixed monetary value. In other words, these damages are more abstract, and so it can be challenging to determine how much they should be. Common non-economic damages include:
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Pain and Suffering
Pain and suffering is a broad term, but it generally refers to the physical discomfort and distress due to the injuries you sustained from medical malpractice. The pain and suffering you endure can be compensated in your settlement.
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Loss of Enjoyment of Life
Medical malpractice can lead to worsened health that may prevent you from enjoying life like you used to. You could recover compensation to offset this loss within your settlement.
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Loss of Consortium
Loss of consortium refers to the emotional and lasting pain from losing a loved one. You could receive compensation in your settlement to assist you during this difficult time.
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Mental Anguish
Mental anguish is the emotional and mental pain and suffering you have endured due to medical malpractice. It can be hard to put a price on emotional pain, but rest assured, your lawyer can help you fight for compensation for the mental anguish you have suffered.
It can be difficult to understand how non-economic damages are calculated. There is a formula used by lawyers to help determine how much you should receive based on the severity of your damages. For a more accurate breakdown, it is best to get help from a lawyer as soon as possible.
How Much Will My Medical Malpractice Settlement Be?
It is important to understand that there is no way to answer this question without first reviewing your unique case. Every case is different, and so the estimated settlement amounts can differ wildly. However, settlement amounts for medical malpractice cases in Georgia tend to lean toward the higher end.
Medical malpractice victims should seek help from an experienced lawyer to determine the potential value of their settlement. Do not trust hospital representatives, and do not use online settlement calculators. You should instead seek out quality legal assistance from a lawyer who has your best interests at heart.
What Can a Medical Malpractice Lawyer Do for Me?
To illustrate how important it is to get help from a medical malpractice attorney at The Dixon Firm, here is a short list of what we can do to help you:
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Represent Your Best Interests
While you focus on recovery and getting better, our lawyers will represent your best interests at all times. We will handle negotiations on your behalf.
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Accurately Determine Your Settlement Amount
It can be challenging to determine how much your settlement should be on your own. Our experienced medical malpractice lawyers will ensure all of your damages, both economic and non-economic, are accounted for and that nothing gets left out.
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Gather Evidence
To ensure your case has the highest chances of success, we will assist you in gathering all of the evidence necessary to hold the at-fault doctor and hospital accountable for your damages.
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Represent You At Trial
Most medical malpractice cases will settle outside of court. However, if your case necessitates a trial, rest assured, we will represent your best interests in court as well.
The party(ies) at fault are likely going to try to deflect blame and will probably try to offer you a low-ball settlement in the hopes that you accept it and the case goes away. Do not let them off the hook so easily.
While you could fight for your settlement on your own, we do not advise doing so, especially while recovering. Allow The Dixon Firm to help you fight for the settlement you rightfully deserve.
Contact a Local Atlanta Medical Malpractice Attorney You Can Trust
Medical malpractice is a complicated specialty because attorneys must understand the basics of medical care and how it pertains to the law. Not all medical mistakes are negligent, so if you’re unsure, consult with an Atlanta medical malpractice lawyer as soon as possible.
Lead attorney Rod Dixon knows exactly how defense firms that represent major hospitals and the like work. They have a team defending them, so you deserve to work with a team that will fight for you, too. Call our office or contact us online to schedule your free consultation.
