Medical Malpractice Claims: Victimized by Bad Care

Whether it occurred at an Atlanta hospital, or somewhere else in the U.S., recovering from a medical malpractice event can be incredibly challenging. Often times, these cases require patients to undergo extended future treatment to make a full (or partial) physical recovery. And then there are the economic damages, which usually include high medical bills and lost wages. Perhaps the most difficult part is the physical pain that the victim is forced to withstand, and the impact that suffering has on family members.

In the majority of medical negligence cases, 4 things must be proven by the plaintiff:

1. The healthcare provider had a duty to provide medical treatment that met or exceeded the acceptable “standard of care.”

Doctors, nurses, and other healthcare providers all have a duty to treat patients with an acceptable standard of good care. This obligation is rarely in dispute. What is often times disputed is exactly what conduct falls within the acceptable standard, and what conduct does not. Experts are almost always brought in to provide their opinions on what is the acceptable treatment for a given illness or condition.

2. The caregiver breached his or her duty to provide care that met the standard.

It’s important to realize that a doctor or nurse need not intentionally breach the duty of care. Medical professionals are people. People make mistakes. Sometimes the worst situations are due to a mistake by an otherwise well-intentioned caregiver. The law provides a remedy to medical malpractice victims regardless of the intent, and insurance is usually available to cover the costs of the damage, or a significant portion of it.

3. The healthcare provider’s actions caused harm.

It must be shown that the victim had a bad result that would not have happened had the medical professional met the appropriate standard care.

4. The patient suffered significant damages.

Sometimes medical malpractice doesn’t result in significant harm to the patient. But when it does, a claim can be made against those responsible, including doctors, nurses, hospitals, and their insurers.

• Failure to warn about the risks of a medication or procedure.

A treating physician has the duty to obtain informed consent from his or her patient. That means he or she must tell you about the potentially dangerous side effects of a drug, surgery, or other treatment. Properly-informed patients might choose to forego a surgery or other treatment based on full knowledge of the risks.

• Improper treatment

"Improper treatment" involves choosing the correct treatment, but conducting it in way that fails to meet acceptable standards of care. Surgery is a common example. It may be necessary to have a patient undergo heart surgery, but if the doctor inadvertently leaves a sponge in the patient, it’s negligence.

• Failure to diagnose

Poor, incomplete, or inadequate diagnoses can lead to fatal delays in treatment. For instance, certain types of cancers can only be treated if they are discovered early.

Medical malpractice cases are complicated. There is also a certain time period during which a patient and his or her family can take legal action against those responsible. If you feel you, or a loved one, were treating inappropriately by healthcare providers, contact the Legal Team at Attorneyclientmatch.com. We can analyze your situation and decide quickly whether or not you have a cause of action. It is free to speak with one of our attorneys about your situation, and all information is kept strictly confidential. Please call (888) 636-6700 or email us.