Medical Malpractice

Augusta Medical Malpractice

Medical error is a leading cause of injury and death in the U.S. More than $3 billion were paid out for medical malpractice claims in 2021, according to the Diederich Healthcare 2022 Medical Malpractice Payout Analysis. If you have been seriously injured or lost a loved one through the negligence of a healthcare provider, you have recourse under the law through a medical malpractice claim to hold responsible parties accountable and seek compensation for your losses.

What Constitutes Medical Malpractice?

If a patient has a poor outcome from medical treatment, it is not necessarily malpractice. Medical malpractice occurs when a doctor or provider deviates from the standard of care normally expected under similar circumstances. For malpractice to occur, these factors must be present:

  • The healthcare provider did not adhere to the proper standard of care.
  • Injury resulted from the provider’s negligence.
  • The resulting injuries had damaging consequences, such as pain and suffering, disability, or considerable loss of income.

What Types of Medical Errors Do Healthcare Providers Make?

Doctors, nurses, and other healthcare providers can make a wide range of medical mistakes. Common types of medical error include:

  • Misdiagnosis or failure to diagnose
  • Failure to order appropriate diagnostic tests
  • Failure to act on results of diagnostic tests
  • Prescribing the wrong medication or the wrong dosage
  • Performing unnecessary or incorrect surgeries
  • Operating on the wrong body part or the wrong patient
  • Prematurely discharging a patient
  • Failure to prevent infections acquired in the hospital
  • Birth injuries

What Must You Prove to Win Compensation for Medical Malpractice?

In a medical malpractice claim, the burden of proof is on the injured party. To prevail and recover compensation, you must prove that certain elements exist in your case:

  • The healthcare provider or hospital owed you a duty of care.
  • That duty was breached, as the provider or hospital did not conform to the proper standard of care.
  • The breach of duty caused injury to you.
  • You suffered damages (physical, emotional, and/or financial) as a result.

What Types of Compensation Can You Recover for Medical Negligence?

You are entitled to seek compensatory damages for medical malpractice. These are likely to include economic damages, such medical expenses, lost earnings, and loss of future earning potential, plus non-economic damages, such as physical pain and suffering, mental anguish, and emotional distress. Punitive damages (designed to punish the defendant for wrongdoing) may be awarded for medical malpractice only if you can prove with clear and convincing evidence that the actions of the negligent healthcare provider showed willful misconduct, malice, wantonness, oppression, fraud, or conscious indifference to consequences. Georgia law sets caps on punitive damages for medical malpractice, and a portion of the award will go to the state.

Do You Need a Lawyer for a Medical Malpractice Claim?

Medical malpractice cases involve complex legal and medical issues. The negligent healthcare provider’s insurance company will have a team of lawyers ready to fight your claim. If the insurance company offers you a settlement, it may be well below the amount your claim is worth. Your best chance of recovering the compensation you need and deserve is to have an experienced Augusta medical malpractice attorney in your corner.

Meet with Jamie Casino Injury Attorneys

Our Augusta medical malpractice lawyers have extensive experience litigating all types of medical negligence claims, including general care injuries, specialist injuries, hospital malpractice, and wrongful death. We can tell you if you have a case and what damages you may be entitled to claim.

If you have been injured through medical negligence and believe you may have a claim, contact Jamie Casino Injury Attorneys at (912) 809-5335 to schedule a free case review.

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