Am I a Victim of Medical Malpractice?

If you believe you or a loved one suffered an injury as a result of a doctor's negligence or inappropriate actions performed by a nurse or another medical professional, you may be considering pursuing a medical malpractice lawsuit. However, it may be difficult for you to determine on your own whether your situation could be classified as malpractice.

A Definition of Medical Malpractice

In malpractice lawsuits, a patient or someone acting on behalf of the patient, such as a family member, brings a claim against one or more liable parties. Individual health care providers, such as physicians, surgeons and other specialists, can be deemed liable if they make negligent surgical errors, medication errors or failure-to-diagnose mistakes, or if they neglect you as a patient.

To be successful in your case, you and your attorney must prove that the liable party committed medical negligence based on all the following criteria:

  • A duty was owed to you (or your loved one) — Legally, health care providers assume duty whenever they agree to care for a patient.
  • The hospital or health care provider breached that duty — An acceptable standard of care was not met.
  • The breach of duty resulted in your injury — This is also known as causation.
  • You incurred significant damages as a result of that injury — For the case to have merit, you must have sustained losses warranting compensation, or you must have lost a loved one in a wrongful death.

Settlements In Medical Malpractice Cases

According to Georgia medical malpractice law, there is an opportunity for all involved parties to participate in pretrial dispute resolution. A neutral party presides over this negotiation, and you and your lawyer, the liable party or parties and their lawyers, and all other relevant personnel are present.

Most cases do not reach trial. About 95 percent of cases settle before that point. Our firm has extensive experience with negotiating medical malpractice settlements, and our attorneys can answer any questions you have about the process.

Schedule a Free Consultation Today

Nicholson, Silverbach, & Watson serves clients in Kennesaw, north metro Atlanta and throughout Georgia. To learn more about your options in medical malpractice situations, call us at 770-615-7269 or use our convenient online form to schedule an appointment.