What happens when those entrusted with our medical care harm us? Know your rights.

Medical procedures have become a routine part of human life. More common procedures such as wisdom teeth removal or even a procedure as extreme as a pacemaker happen every day. Health care professionals are trusted to handle our medical procedures with care. However, what happens when our medical providers make a life-threatening error? This is known as medical malpractice. In this blog, we will define and explain medical malpractice, then give you concrete advice on how to prepare a lawsuit against the medical professional. 

 

What is Medical Malpractice?

Medical malpractice occurs when a health care professional performs an act of negligence or inadequate care that results in an injury to the patient. In simple terms, medical malpractice is when a healthcare professional harms a patient due to negligence.  

 

Legally, four factors must be proven for your case to be considered medical malpractice. 

1. An established physician/patient relationship: a professional duty of the doctor to the patient, such as your primary care physician, or a specialist who was referred to you. 
2. A breach of care: This occurs when something wrong happens during a procedure or treatment. This can happen when a surgeon makes the wrong incision or a doctor prescribes you the wrong medicine.
3. Injuries suffered as a result of the breach: When the breach of care occurs, there are injuries associated with it like allergic reactions, life-altering side-effects, or death.
4. Damages from injury: Any loss you experience as a result of your injury are known as damages. Loss of work, repeated surgery, medical and funeral costs are all examples of damages. 

 

Different Types of Medical Malpractice 

Just like types of medical care, types of medical malpractice vary for everyone. Certain conditions and procedures are more high risk, such as brain surgery, or more low risk, such as mole removal. Nevertheless, it is still possible for medical malpractice to occur during any form of medical care. Here are some popular examples of medical malpractice:

1. Misdiagnosis or a failure to diagnose: When a medical professional mistakenly diagnose you, you will receive improper treatment and may keep you in bad health. If you are not diagnosed, you will receive no care, which is dangerous and puts your life at risk. 
2. Prescription drug errors: Taking the wrong medication will not help your illness, but it may also cause other adverse effects to your body, such as kidney failure. 
3. Childbirth injuries: If the person giving birth experiences injuries during childbirth or if the newborn baby is injured in any way, this is a form of medical malpractice. 
4. Inadequate post-operative care: After surgery, you are not in the clear yet! There is normally necessary aftercare needed after a procedure. This is a vital part of your healing process since this is normally the end of the surgical process. 
5. Surgical errors: Mistakes during surgery can have life-altering effects for patients. These mistakes can lead to loss of mobility, amputation, or even death.

 

Medical malpractice has a huge impact on the quality of life of patients. One misstep on the healthcare provider’s part can change your life forever. Thankfully, you can take action if you ever experience this form of negligence. 

 

I have experienced medical malpractice, how do I move forward?

Do you believe that you have been a victim of medical malpractice? Take these steps to start gathering evidence. 

1. Statute of limitations: Each medical malpractice case has a statute of limitations or time-limiting legal action. In the state of Georgia, the statute of limitations is two years from the date of injury or death. However, don’t wait to start the process- the sooner, the better. 
2. Establish physician/patient relationship: To connect the injury to the healthcare professional, there needs to be an established physician/patient relationship. This can be proven through medical chart records, insurance paperwork, or primary care physician referrals. 
3. Identify the injury: There needs to be a clear understanding of the injury at hand. Did the surgeon perform the wrong surgery? Have you been prescribed the wrong medication? No matter the injury, make sure you identify and understand the injury. 
4. Prove negligence: How did the doctor go wrong? There must be proof the doctor was negligent with care, diagnosis, or medical procedure. For example, if you need surgery on your left hand, but the surgery was performed on your right hand, that is an example of negligence.
5. Prove damages: Damages are the ramifications of the injury. If your health deteriorates and leads to more medical care, if the negligence deems you unable to work, or if the patient dies and leaves mountains of bills, the patient will be entitled to monetary compensation for these damages.
6. Contact your trusted attorney: To get the results you deserve, you need someone who is knowledgeable about medical malpractice in Georgia. You need an attorney who will fight for you. Medical malpractice is a traumatizing experience, and you deserve to be compensated for the injuries and damages. If you believe you have experienced medical malpractice, reach out to the Nick Schnyder Law Firm. Our team of expert attorneys will fight for you. 

Medical malpractice is a terrifying and traumatic experience. Don’t go through it alone. Contact the Nick Schnyder Law Firm today to discuss your options. We will fight for you to get the compensation you deserve.