Doctors, dentists, and other medical professionals have a duty under the law to provide the best possible care to their patients. When medical professionals breach this duty, it is possible for medical malpractice to take place. A poor result after visiting a doctor does not automatically mean that medical malpractice has occurred, however. State law provides a standard of care to which a medical professional must adhere, and it is only when there is a failure to meet this standard that the provider may be liable.
A Lawrenceville medical malpractice lawyer may be able to help you if you believe that you may have been injured as a result of a doctor’s error. An experienced personal injury attorney can work to explain the legal concept of medical malpractice, perform a full investigation into the incident, and demand appropriate payments through settlements or while in court.
The Legal Definition of Medical Malpractice
State law provides a specific definition of what constitutes medical malpractice. According to the Official Code of Georgia Annotated §51-1-27, all practitioners must provide treatment to patients with a reasonable degree of skill and care. Whether or not treatment was appropriate depends on a patient’s individual circumstances.
Although appropriate treatment varies by patient, there are a few common scenarios that may be an initial indicator of medical malpractice. These include:
- A failure to diagnose a condition or a misdiagnosis
- An inability to properly perform a procedure, such as setting a broken bone
- Prescribing inappropriate or excessive medications
These examples are just a few of the situations in which medical malpractice may take place. A Lawrenceville medical malpractice attorney could provide more information about the legal concept of medical malpractice and give insight as to whether your individual scenario may be grounds for a case.
Proving Medical Malpractice
Demonstrating that medical malpractice has occurred is a complex process. Only a qualified expert is able to provide evidence to the court about whether a doctor has violated the applicable standard of care.
O.C.G.A. § 24-7-702 explains that the expert witness in a medical malpractice case must be a medical professional practicing in the same area of medicine as the defendant. For instance, a failed knee surgery case should enlist the help of a knee surgeon. Discussing the case with an expert is a requirement to initiate a medical malpractice case.
Any plaintiff suing for medical malpractice in court is required under O.C.G.A. § 9-11-9.1 to initiate a case with an expert’s affidavit. This affidavit will state that the expert has reviewed the facts of the case and that, in the expert’s opinion, there is a good faith reason to bring the case to court. A skilled attorney could help you to find the qualified experts needed to pursue an effective medical malpractice lawsuit in the Lawrenceville area.
Reach Out to a Lawrenceville Medical Malpractice Attorney Today
Injuries that result from poor medical care in Lawrenceville have the potential to impact every part of your life. They may require additional care or result in new diagnoses that threaten your long-term health. They may also impact your emotional wellbeing or even force you into early retirement.
Doctors, dentists, or other medical professionals that commit malpractice are liable to provide compensation for your losses. Unfortunately, pursuing these cases can be extremely difficult.
A Lawrenceville medical malpractice lawyer could help you pursue a case. They could explain the laws that pertain to your case, gather evidence that indicates malpractice, and work with qualified experts to present your case in court. Reach out to a dedicated attorney today to learn more.