Hopkins Medicine reports that medical malpractice is the third leading cause of death in the United States. Around 250,000 medical malpractice deaths occur per year in the United States. You’re not alone if you’ve experienced medical malpractice.
If you’ve been injured because of medical malpractice in Athens Georgia, the law firm of Kenneth S. Nugent P.C. can help. Proving malpractice in a court of law isn’t easy. Having an experienced medical malpractice attorney is your best option for a successful case.
Malpractice cases – medical and otherwise – are complex. A lawyer experienced in medical cases understands what it takes to build a solid case.
You need someone skilled in gathering evidence, proving damages, and valuing the monetary worth of your situation. An experienced attorney is also a skilled negotiator who can deal with insurance companies.
Understanding Healthcare-Related Malpractice
Perhaps you’re not sure that you have a valid claim for a malpractice suit. Were you harmed by a doctor or medical professional because of inadequate medical treatment? If so, you likely have grounds for a lawsuit.
Several rules apply to malpractice cases in the field of healthcare. To prove malpractice, you must show that:
1. You Had a Legal Doctor-Patient Relationship
You need proof that you hired the doctor to provide medical care. You must prove the doctor agreed to accept you as a patient. Proving a doctor-patient relationship is relatively simple if you had appointments with the doctor.
The only time this relationship may come into question is if the doctor didn’t treat you directly. For instance, maybe your care was provided by an intern or nurse. In that case, the legal liability still stands with the doctor or hospital.
2. The Doctor Was Clearly Negligent
Some people confuse being unhappy with their treatment with a doctor being negligent. Just because you weren’t pleased with treatment doesn’t mean the doctor was negligent.
For your case to proceed, you must prove the doctor provided negligent treatment or diagnosis. You must show that the treatment or diagnosis caused you harm. And that a competent doctor in the same situation wouldn’t have caused any harm.
You’ll need to show that any reasonably careful and skillful doctor would’ve been able to successfully provide your treatment or diagnosis.
Most states require a medical expert to speak on your behalf. A good medical malpractice lawyer in Athens will have access to professional experts in healthcare.
The expert must explain the situation and the appropriate course of action. The expert must then show that the doctor was negligent, and deviated from the correct course of action.
3. Medical Negligence Caused the Injury
Malpractice cases often involve patients who were already hurt or sick when treatment began. That makes it more difficult to prove whether or not the doctor caused the harm.
For instance, say that you received treatment for back pain following an accident. If your condition worsens, you’ll have to prove the doctor made your condition worse and the pain isn’t simply because of the accident.
Your malpractice lawyer will likely need an expert to speak on your behalf. The expert will have to show that your doctor was negligent, and caused your injury to become worse.
4. You Have a Specific Injury
Your doctor may have performed below the expected standards for a medical professional. However, you normally can’t file a malpractice suit unless you suffered:
Several situations can result in a malpractice lawsuit. Your Athens attorney can tell you if your specific situation calls for a lawsuit. Situations that most often result in a lawsuit include:
1. Failing to Inform a Patient of Side Effects and Risks
Healthcare providers are required to warn patients of risks associated with a treatment or procedure. The duty of informed consent means a doctor must tell a patient about any known risks.
What matters here is if you would have refused the treatment or procedure had you known the risks. The doctor is possibly liable for your injury if you would have refused to proceed. However, the injuries must have resulted from a risk that the doctor should have warned you about.
2. Failing to Correctly Diagnose the Illness
You may have grounds for a lawsuit if the doctor misdiagnosed your illness. Would a competent doctor have been able to diagnose your illness and provide better treatment? If so, that’s possibly a case of malpractice.
3. Errors During Surgery
It’s not uncommon for surgeons to make mistakes during operating procedures. For instance, a surgeon might leave a sponge inside of a patient’s body or puncture a blood vessel or organ. There have even been cases where the wrong surgery was performed – such as removing a perfectly healthy limb.
Contact an attorney right away if you suspect medical malpractice. The medical malpractice lawyers at the law firm of Kenneth S. Nugent P.C. are here to help. Timing is important because most states place a time limit on when you can file a malpractice claim.
Athens Georgia residents have two years from the date of injury to file a malpractice claim. If you’re filing on behalf of someone who died, you must file the claim within two years of the death.
If you fail to file the lawsuit within the specified time, the court will likely dismiss your case. At that point, it won’t matter if you can prove your claim or not.
The attorneys at the Kenneth S. Nugent, P.C. law firm have the experience, contacts, and skill to build an effective malpractice case.
Kenneth S. Nugent, P.C. lawyers have extensive knowledge about malpractice cases in all of Georgia. With offices in Athens, Atlanta, Duluth, Macon Valdosta, Augusta, and Savannah, Georgia residents from near and far can get the help they need.
You can rest assured that you will benefit from the 350 years of combined legal experience presented by the Kenneth S. Nugent, P.C. attorneys. And for 25 years, the firm has represented clients in malpractice cases that have collected millions of dollars.
Healthcare-related malpractice is a traumatic experience. And Georgia residents know where to turn, not only for experienced legal help but also for attorneys who have compassion for the victims.
You placed your trust in the medical community. You believed your doctor had your best interest at heart. But your trust was betrayed. An average of 1,500 victims die each year because of medical malpractice. That’s why it’s important to fight back when you experience healthcare-related malpractice.
Kenneth S. Nugent, P.C. attorneys excel in representing clients injured due to healthcare-related malpractice. Past cases have involved:
Not all bad medical treatment qualifies as healthcare-related malpractice. Georgia is specific about what type of incidents apply. That’s why it’s important to discuss your situation with an experienced attorney.
If you believe you have a valid claim, consult with a Kenneth S. Nugent, P.C. attorney. An attorney will examine your case, determine if your claim is valid, and inform you of the best course of action.
Make no mistake about it – malpractice cases are complex. The smallest mistake can lose the case. But with an experienced attorney by your side, you’re more likely to receive a favorable outcome.
You also might decide you’d like to represent yourself. But unless you’re an experienced attorney, representing yourself isn’t a wise idea.
Think about what’s at stake and how complicated is the case. Are you asking for a large sum of money? Can you get experts and other witnesses to speak on your behalf? If the case involves malpractice, chances are it’s very complicated.
You can possibly represent yourself when you’re dealing with a simple civil case. For example, maybe your neighbor damaged your car while backing out of his driveway.
You can go to small claims court and try and get the $1200 it’s going to take to repair your car. It’s great if you win, but you’ll likely do fine even if you lose. You can’t say the same about a malpractice case.
A healthcare-related malpractice case often involves complex situations. You might need long-term medical care that is expensive. You may have painful injuries or a permanent disability.
You’ll need to prove your case, hire medical expert witnesses, and more. Losing such an important case would have a profound effect on your life.
There’s also the issue of dealing with the insurance companies and professional attorneys representing the doctor or healthcare facility.
Insurance companies do what they can to deny claims. They’ll fight tooth and nail to deny your claim. And they’ll use the very best lawyers they can afford to get the job done. These people are experienced and know exactly how to handle a healthcare-related malpractice case.
You need to fight fire with fire. Are you prepared or equipped to handle all of this on your own? Do you have the required legal knowledge to face an experienced attorney?
The wise decision is to get professional help from an experienced attorney or lawyer.
Kenneth S. Nugent, P.C. attorneys represent people who have wrongful death claims and claims of serious injury.
The attorneys excel at creating strategies that help build strong cases. They are also experts at gathering the evidence needed to prove your case.
No one can guarantee that you’ll win your case. There’s always a chance that the case won’t get decided in your favor. But with an experienced Athens attorney on your team, you greatly improve your chances of winning your claim.
Contact the attorneys at the Kenneth S. Nugent, P.C. today. The firm will:
