When we seek medical care, we trust doctors, nurses, and healthcare professionals to provide the highest standard of treatment. Unfortunately, medical errors and negligence occur, sometimes resulting in severe injuries or even death. If you or a loved one has suffered due to a healthcare provider’s negligence, consulting a qualified medical malpractice attorney is critical to getting the resolution you deserve.
Here at the Law Offices of P. Kent Eichelzer III, we have over 20 years of experience specializing in accident and personal injury law, including medical malpractice cases. With convenient offices in metro Atlanta, Woodstock, Marietta, Kennesaw, Alpharetta, and the surrounding areas, we are ready to assist you in seeking justice. Let’s discuss what professional negligence is and the importance of finding the right medical malpractice attorney when you need it.
What is Medical Malpractice?
Medical malpractice is a form of professional negligence that occurs when a healthcare provider’s actions fall below the accepted standard of care, leading to injury or death. These errors can occur in hospitals, clinics, or private practices and often involve medical mistakes such as:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication or anesthesia mistakes
- Birth injuries
- Failure to order proper tests or follow up on results
- Hospital-acquired infections
- Failure to obtain informed consent
In Georgia, the law defines the standard of care as follows: “A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.” (O.C.G.A. Section 51-1-27)
If a healthcare provider fails to meet this standard, resulting in harm, you may have grounds for a medical malpractice claim.
Medical malpractice lawsuits must be filed within a specific time period, or the courts will dismiss the case regardless of the negligence or result. In the state of Georgia, the statute of limitations for medical malpractice lawsuits is two years from the date of the injury. It is important to note that the injury on-set date and the incident date could possibly vary.
Why You Need a Medical Malpractice Attorney
Medical malpractice cases are complex and require thorough investigation, expert testimony, and strong legal representation. Here’s how an experienced medical malpractice attorney can help:
1. Evaluate Your Case
Determining whether you have a valid medical malpractice case requires an in-depth review of medical records, expert opinions, and legal analysis. The Law Offices of P. Kent Eichelzer III will carefully examine your case to assess whether medical negligence occurred.
2. Gather Medical Evidence and Expert Testimony
Successful medical malpractice claims often rely on expert medical witnesses who can explain how the standard of care was breached. Our firm works with highly qualified medical professionals to strengthen your case.
3. Navigate Georgia’s Statute of Limitations
In Georgia, medical malpractice claims must be filed within a specific timeframe. Generally, the statute of limitations for medical malpractice cases is two years from the date of injury or death. However, certain exceptions may apply, such as cases involving minors or undiscovered medical errors. Missing this deadline could mean losing your right to compensation, so it’s crucial to act promptly.
4. Negotiate with Insurance Companies
Hospitals and healthcare providers often have powerful insurance companies working to minimize payouts in malpractice claims. Our experienced attorneys know how to negotiate aggressively to ensure you receive fair compensation.
5. Represent You in Court
If a fair settlement cannot be reached, our legal team is prepared to take your case to trial. We will advocate for your rights in court to hold negligent healthcare providers accountable.
Common Cases Seen by a Medical Malpractice Attorney:
Any significant failure by a medical provider to offer an acceptable level of care can be considered medical malpractice. Plus, it can stem from a variety of situations. Examples of medical negligence that can lead to a lawsuit can include:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong-site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms (abpla)
Common Challenges in Medical Malpractice Cases
While medical malpractice claims can provide justice for victims, they are among the most challenging personal injury cases to prove. Common obstacles include:
- Proving negligence: Establishing that a healthcare provider failed to meet the standard of care requires strong medical evidence and expert testimony.
- Demonstrating causation: It must be proven that the negligence directly caused harm or injury.
- Overcoming defenses: Healthcare providers may argue that the injury was a known risk or an unavoidable outcome.
- Meeting legal deadlines: Filing a claim within the statute of limitations is crucial to avoid case dismissal.
This is why working with a skilled medical malpractice attorney is essential to navigate these challenges successfully.
How to Get Compensation for Medical Malpractice?
No matter how you decide to pursue a claim against a medical provider, you’ll either have the option to sue or settle.
If you sue…you will go to court, and the court will determine if the defendant is liable. Then, you can see how much compensation the defendant must pay.
If you settle…you will be giving up your right to sue and receive a set payment offered by the healthcare worker’s malpractice insurance.
Generally, medical malpractice cases are settled outside of court, with the healthcare provider’s insurance carrier offering a settlement. A medical malpractice attorney can guide you through the process of getting the best settlement possible.
Need a Medical Malpractice Attorney in Woodstock, Georgia? Contact Us Today!
The decision of who to hire to represent you in a medical malpractice case is one of the most important choices when entering the legal field. Let the personal injury lawyers at the Law Offices of P. Kent Eichelzer III help you today. We have over 20 years of experience and specialize in Accident & Personal injury law, as well as personal injury, auto accidents, truck accidents, insurance bad faith, medical malpractice, wrongful death, and more. We know the ins and outs of insurance companies, which gives our clients an advantage. Also, as your most trusted personal injury lawyer in the greater Atlanta area, our firm will provide you with peace of mind and comfort to guide you through any case.
If you are seeking an attorney for a medical malpractice lawsuit, we can help! From our experience, accident and personal injury cases need to be handled delicately. So don’t wait—let the professional Law Offices of P. Kent Eichelzer III help you or a loved one today. We have offices conveniently located in Woodstock, GA, and Marietta, GA.
Schedule a Free Consultation. Due to Georgia’s statute of limitations, time is critical in medical malpractice cases. Don’t risk losing your right to compensation—contact us today for a free consultation. Our legal team is ready to review your case and help you take the next steps toward justice. Call The Law Offices of P. Kent Eichelzer III today to schedule your consultation and let us fight for you!