Athens Medical Malpractice Lawyer

Most medical professionals are well-trained, careful in how they do their work and ethical in their behavior. Unfortunately, this isn’t universally true. Each year, an untold number of patients in Georgia suffer serious harm or even death due to physician and hospital malpractice.

Medical professionals are expected to provide safe, effective care. However, a healthcare provider fails to meet the accepted standard of care with painful and life-changing consequences.

While we do not directly handle medical malpractice cases, we have developed a network of experienced Athens medical malpractice lawyers who deliver results for clients in these challenging cases. Call us today so we can refer you to one of our trusted and proven colleagues.

Hall & Collins Injury Lawyers Can Connect you to the Right Medical Malpractice Lawyer

At Hall & Collins Injury & Accident Lawyers, we are committed to guiding injured patients toward experienced and highly qualified medical malpractice attorneys who can help them seek justice.

Choosing the right law firm to handle your medical malpractice case is a critical decision. At Hall & Collins Injury & Accident Lawyers, LLC, we advocate for injured patients and ensure they receive the legal guidance they need. 

The lawyers we work with to handle medical malpractice claims reflect the values and guiding principles that we uphold in every case we handle, including: 

• Experience – Our network of medical malpractice lawyers has a deep understanding of personal injury law and medical malpractice cases.
• Trusted Network of Legal Professionals – While we do not directly handle medical malpractice litigation, we maintain strong relationships with experienced medical malpractice attorneys who handle these complex cases.
• Client-Centered Approach – All of the lawyers in our network prioritize your well-being and work tirelessly to provide you with the right legal resources so you can focus on your recovery.
• Proven Commitment to Justice – Our network has a long-standing reputation for helping injury victims secure fair compensation and holding negligent medical professionals accountable.
• Free Consultation – We offer a no-obligation, free consultation to discuss your case and guide you toward the best legal options.
• Aggressive Representation—We are dedicated to ensuring that injury victims receive fair treatment and aggressive legal advocacy. Our team diligently works to connect clients with attorneys who will fight for their rights and pursue maximum compensation.
• No Upfront Costs – Contingency Fee Basis – We believe that financial concerns should not prevent injured patients from seeking justice. A common worry in medical malpractice cases is who pays medical bills while the claim is ongoing. The medical malpractice attorneys we refer clients to work on a contingency fee basis, meaning you pay nothing unless your case is successful.
• Thorough Case Evaluations – We take the time to understand every case, carefully reviewing it to ensure we match you to the right attorney for your claim.
• Comprehensive Legal Guidance – From the moment you reach out to us, we will support you through every step of the legal process, answering your questions and ensuring you understand your rights.

If you are unsure about your next steps, we can help you determine the best course of action and connect you with an attorney who is experienced in medical malpractice cases.

Understanding Medical Malpractice: When Does a Medical Injury Become a Legal Case?

Despite what you may have heard, not every bad outcome is evidence of malpractice. Even when doctors do everything right, patients may still suffer injuries or death. The field of medicine is complex, and even with the best care, patients can suffer complications.

Instead, medical malpractice occurs when a provider violates their duty and harms a patient by violating the expected standard of care. They do not act as a reasonable physician would have under the same circumstances.

To establish a malpractice claim, you must prove:

• A doctor-patient relationship existed – The medical provider owed a duty of care to the patient.
• Breach of the standard of care – The provider failed to provide reasonable care expected in the same situation.
• Causation – The breach directly caused harm to the patient.
• Damages – The patient suffered measurable harm, such as a permanent injury, lost wages, or emotional distress.

Medical malpractice cases require strong evidence, including expert testimony from a medical professional who practices in the same specialty. Our firm can connect you with an experienced medical malpractice attorney who can evaluate your claim.

Common Types of Medical Malpractice Cases

Medical errors can happen in various healthcare settings, from hospitals to private clinics.

Some of the most common forms of medical malpractice include:

• Surgical errors – Performing surgery on the wrong body part, leaving instruments inside a patient’s body, or making preventable mistakes during a procedure.
• Misdiagnosis or delayed diagnosis – Failing to diagnose serious conditions like cancer, stroke, or heart attack in a timely manner.
• Birth injuries – Medical negligence during childbirth leading to conditions such as cerebral palsy or brain injuries.
• Medication errors – Dispensing the wrong drug or dosage, leading to dangerous side effects.
• Anesthesia errors – Administering too much or too little anesthesia, leading to severe complications or even death.
• Failure to monitor patients – Neglecting to monitor vital signs or respond to medical emergencies.

If you or a loved one suffered due to a healthcare provider’s mistake, call us today. We will connect you to a results-driven lawyer within our network of trusted medical malpractice attorneys.

How to Prove Medical Malpractice in Georgia

Proving medical malpractice requires substantial evidence and a clear demonstration that a healthcare provider failed to uphold the expected standard of care. Successfully establishing a claim involves thorough investigation, expert analysis, and strong supporting documentation.

Below are the essential components needed to build a compelling case:

• Medical records – Your medical records provide valuable documentation of all your medical treatments, prescriptions, diagnostic tests, and other care. These records may contain important evidence that supports your medical malpractice claim by showing the timeline of your treatment and any deviations from the expected standard of care.
• Expert testimony – A medical expert who specializes in the same field as the provider in question must review the case and provide an opinion on whether the healthcare professional failed to meet the standard of care. This expert must confirm that the provider’s actions were negligent and directly contributed to the patient's injury. Expert testimony is often required in medical malpractice cases to establish credibility and clarify complex medical issues for the court.
• Witness statements – Statements from nurses, hospital staff, or family members who were present during treatment can provide critical insight into the level of care the patient received. These testimonies can help establish whether the healthcare provider followed proper procedures or acted negligently. Witness accounts may also support claims that the provider failed to respond appropriately to a medical emergency or made a preventable mistake.
• Photographic or video evidence – If applicable, photographs or videos capturing the patient’s injuries, surgical sites, or the conditions of a medical facility can serve as strong evidence in a medical malpractice case. These visual records can demonstrate the extent of harm caused by medical negligence, inconsistencies in treatment, or the failure of a healthcare provider to follow proper procedures. High-quality, time-stamped images or footage can be especially persuasive in establishing a clear timeline of events and supporting the victim’s claims.

Common Defenses in Medical Malpractice Cases

When a patient files a medical malpractice claim, healthcare providers and their legal teams often use several strategies to dispute the allegations. These defenses aim to minimize liability and argue that the provider acted within the accepted standard of care. Below are some of the most common defenses used in medical malpractice cases, along with explanations of how they are applied.

To dispute claims, healthcare providers and insurers often use:

• Pre-existing conditions – The defense may argue that the patient’s injury or worsening condition was not caused by medical negligence but rather by an underlying or pre-existing health issue. They may claim that even with proper treatment, the outcome would have been the same due to the patient’s prior medical history.
• Patient negligence – The healthcare provider may argue that the patient’s own actions or failure to follow medical instructions contributed to their injury. This could include missing follow-up appointments, failing to take prescribed medications, or ignoring post-operative care instructions. In Georgia, if the patient is found partially at fault, their compensation may be reduced accordingly.
• Standard risk of treatment – Many medical treatments and surgical procedures carry inherent risks, even when performed correctly. The defense may argue that the patient was informed of these risks beforehand and consented to the treatment, making any complications a known possibility rather than an act of negligence.
• Lack of causation – For a medical malpractice claim to succeed, the plaintiff must prove that the provider’s negligence directly caused their injury. The defense may attempt to show that the harm resulted from other factors, such as the patient’s underlying medical condition, an unrelated illness, or an unforeseeable complication.

Medical malpractice claims require an experienced lawyer to prove, especially when healthcare providers and their insurers use strategic legal defenses to minimize liability. A knowledgeable and experienced medical malpractice lawyer from our legal network can anticipate these defenses and build a compelling case to effectively dispute insurer arguments.

Taking Legal Action in a Georgia Medical Malpractice Lawsuit

Filing a medical malpractice claim in Georgia involves several steps. The process can be complex and varied, but our network of skilled Athens medical malpractice lawyers will explain what to expect.

Steps in taking legal action in a medical malpractice claim typically involve:

1. Case Evaluation – Your attorney will review medical records and consult with a medical expert to determine whether malpractice occurred.
2. Filing the Claim – In Georgia, you must file a lawsuit within two years from the date of injury or death. A legal document known as an "affidavit of merit" must also be submitted, which includes a sworn statement from a medical expert affirming that malpractice likely occurred.
3. Discovery Phase – Both sides exchange evidence, including medical records and expert testimonies.
4. Settlement Negotiations – Many medical malpractice cases are resolved through negotiations rather than going to trial.
5. Trial (If Necessary) – If the insurance company and other liable parties refuse to offer you a fair settlement, your case proceeds to court, where a jury determines liability and damages. During this process, it’s also important to know about filing an insurance claim, as it can impact how evidence is presented and how compensation is calculated.

How Long Do Medical Malpractice Cases Take?

Medical malpractice lawsuits can take months or even years to resolve. The timeline depends on factors such as case complexity, the availability of expert witnesses, and whether the case goes to trial. A skilled medical malpractice attorney can provide a realistic timeframe based on the details of your case.

What Compensation Can You Recover in a Medical Malpractice Claim?

We can refer you to a dedicated attorney who focuses on medical malpractice cases – one who understands the full extent of your damages and losses and fights for maximum compensation. 

Victims of medical malpractice may recover damages for:

• Medical expenses – Costs of corrective procedures, hospital stays, rehabilitation, and future treatments.
• Lost wages – Compensation for income lost due to the injury and potential future lost earnings.
• Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life. Pain and suffering after a TBI can be particularly significant in medical malpractice cases, especially when negligence leads to long-term complications or permanent disabilities. These damages are usually associated with cases involving serious injury.
• Wrongful death damages – If malpractice results in death, the victim’s family may recover damages for funeral costs, loss of companionship, and other related expenses.
• Punitive damages – In rare cases, if the medical provider’s negligence was especially reckless, punitive damages may be awarded to punish the wrongdoing.

Frequently Asked Questions About Medical Malpractice in Georgia

Is there a deadline for filing a medical malpractice lawsuit in Georgia?

Yes. Georgia law sets a two-year statute of limitations from the date of the injury or death. However, in some cases, such as when a doctor leaves a foreign object inside the patient’s body, the deadline may extend. Consult an attorney as soon as possible to avoid losing your right to file a claim.

Do all medical malpractice cases go to trial?

No. Many medical malpractice cases settle out of court through negotiations between the parties. However, if the insurance company refuses to offer a fair deal, the case may proceed to trial.

What if I am not sure whether malpractice occurred?

You do not need to determine that on your own. If you suspect medical negligence, consult an experienced medical malpractice lawyer who can review your case and obtain medical expert opinions.

Does Georgia Cap Medical Malpractice Damages?

No, Georgia does not cap non-economic damages, such as pain and suffering, in medical malpractice cases. The Georgia Supreme Court ruled a previous cap unconstitutional in 2010.

However, the state generally caps punitive damages, which punish egregious negligence, at $250,000, except in cases involving intentional harm. Economic damages, such as bills for medical care and lost wages, have no limit and are based on the actual losses the patient suffers.

Let Us Connect You to an Experienced Athens Medical Malpractice Attorney

At Hall & Collins, our personal injury lawyers have been a trusted resource for those injured by negligence in Georgia for the past two decades.

Even when we cannot handle your case directly, our Athens personal injury lawyers are happy to connect you to an experienced attorney who can. We work with colleagues who focus on difficult medical malpractice cases and have a track record of success in resolving these claims.

To get started, call our Athens office at 706-810-9920 or submit an online contact form to learn more.