What is a medical malpractice claim?
A medical malpractice lawsuit is a type of negligence action which alleges
that the treatment a patient received from their healthcare provider did
not meet the recognized standard of care within the medical community
and resulted in injury to the patient. A medical malpractice lawsuit may
be brought against the healthcare provider and/or their employer, usually
When should I consider filing a medical malpractice claim?
If you received medical treatment that resulted in an unfavorable result,
medical malpractice may have occurred. However, it is not the case that
all unfavorable results are caused by medical malpractice. If you think
that medical malpractice may have caused your injuries, you should consult
with an attorney who is experienced in this area of law. An Atlanta medical
malpractice attorney experienced in this area of law will be able to investigate
the circumstances of your case and consult with a medical expert in order
to determine whether your injuries were caused by medical malpractice.
Furthermore, filing a successful medical malpractice lawsuit is a costly
process. It requires extensive investigation and consultation with medical
experts. As a result, typically medical malpractice claims are only brought
when the healthcare provider’s negligence resulted in serious injury.
This is because the potential award for damages will outweigh the cost
of litigation when medical malpractice results in serious injury, but
will not allow the prosecution to recoup expenses will injuries are minimal.
Generally, an injury is serious if it has lasting physical or emotional
impacts, results in costly treatment or causes you to have to take time
off work, or if it affects your quality of life. An attorney can help
you determine whether your injuries are serious enough to make filing
a medical malpractice claim worthwhile.
How do I prevail on a medical malpractice claim?
Like all other negligence actions, the plaintiff must prove three elements
in order to prevail. First, the plaintiff must establish that the healthcare
provider or hospital owed them a duty of care. Once a patient-healthcare
provider relationship is established, a healthcare provider owes their
patient a duty to deliver treatment which meets the recognized standard
of care. The standard of care is based on what was reasonable given the
particular circumstances. Second, the plaintiff must prove that the healthcare
provider breached their duty of care. Whether a healthcare provider acted
reasonably can vary from case to case. As such, medical malpractice cases
rely upon the testimony of expert witnesses in order to prove this element.
Third, the plaintiff must prove that the healthcare providers negligence
caused their injuries and resulted in damages.
If you or a loved one have been injured as a result of a healthcare provider’s
medical malpractice, you should contact an attorney immediately.