Medical Malpractice

WHAT YOU NEED TO KNOW

BE SMART - UNDERSTAND THE LAW

What is Medical Malpractice?

Medical malpractice is where a health care professional fails to exercise the standard of care that results in an injury. Approximately 98,000 people die each year do to “medical mistakes” according to the National Academy of Sciences. Mistakes by doctors, hospitals and other health care providers can not only lead to a wrongful death, but serious and permanent injuries because of their failure to adhere to the standard of care required of them. 

Does a signed consent release the health care provider?

Many physician's require a mandatory signing of a consent form. This does not excuse or release a health care provider from their mistakes. Here are a few of possible claims that can be brought against a health care provider:

· Medication errors
· Improper diagnosis
· Failure to diagnose
· Failure to advise of diagnosis
· Lack of informed consent
· Sexual relations by a doctor with his patient
· Medical instruments left inside the patient after surgery·

Medical Malpractice Cases

Medical malpractice lawsuits are time consuming and expensive. Our professionals at Belli, Weil & Grozbean, P.C. review your case and then if they find that you have been injured do to the mistake of a health care provider will then seek a second opinion from a qualified expert to verify a breach of the standard of care before proceeding. It is this comprehensive review that helps to insure that upon making a claim you have a solid case.

Elements of a Medical Malpractice Lawsuit

There are several key elements to a medical malpractice lawsuit. The first element is to determine whether or not the physician had a "duty to the patient." In other words, did the doctor agree to treat the patient? If the doctor did agree, then a certain degree of competence and skill is expected. In addition, there are instances where the physician may have a duty to persons other than the patient. For example, a patient may suffer an epileptic seizure that leads to an auto accident, and the physician may be held liable for the injuries of other parties because he or she failed to diagnose the patient's condition.

The second element requires the presentation of expert testimony that defines what the acceptable standard of care is and explains how the physician did not administer the proper care.

The third element is known as causation - the question of whether or not the physician's actions caused harm to the patient. This can be determined by asking if the patient would have been harmed in the absence of the doctor's actions. For example, would a surgical patient have been harmed if the surgeon had not left a medical instrument in the patient's body? If the answer is no, then the surgeon's actions caused harm to the patient, and thus fit the requirements for causation.

How much is it going to cost me?

In most cases our lawyers will be engaged to handle your case on a contingency basis. This means that we only collect legal fees if we prevail in getting you a recovery.

Physician Medical Malpractice Records

If a physician has been sued or found to have committed medical malpractice his records will be made available through a national data bank. Our attorneys at Belli, Weil & Grozbean, P.C. know how to check these records and see if similar claims have been brought against a physician.

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Information provided by:
Belli, Weil  Grozbean & Davis, LLP

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A GEORGIA LAW FIRM ALSO SERVING THE STATE OF GEORGIA, WASHINGTON, DC, AND CLIENTS ACROSS THE NATION. WE WORK WITH LAWYERS AROUND THE COUNTRY TO PROVIDE THE VERY BEST REPRESENTATION.

YOU SHOULD REMEMBER THE INFORMATION THAT YOU READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY.

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