Medical malpractice occurs when a doctor or hospital personnel perform an act or fail to act in a way that deviates from the accepted standard of care in the medical community. That standard of care is the acceptable medical care and treatment that a reasonably prudent doctor or hospital would provide under the same or similar circumstances. The deviation must have proved harmful to the patient. If a patient’s care and treatment wasn’t consistent with the standard of care, medical malpractice might have been committed.
How does Medical Malpractice work?
Standing alone, even a gross deviation from the proper standard of care isn’t enough to establish medical malpractice. The claimant is also required to prove that he or she suffered an injury that never would have been suffered without negligence. Remember that bad results occur every day, so an unfavorable result in and of itself isn’t necessarily malpractice. It must be shown that medical negligence was the cause of the claimant’s injury.
Costs of Medical Malpractice Cases
Many fine personal injury lawyers across the country turn down medical malpractice cases because the cases just aren’t economically viable. These types of cases are extremely expensive to bring and sustain. Ordinarily, it’s the lawyers that subsidize these cases by advancing filing fees, expert witness fees and the like. Those costs can easily exceed $100,000. That’s why the claimant must be able to show that significant damages resulted from the medical negligence. Neither lawyers nor clients want to be involved in cases when the cost of pursuing them exceeds the damages. The claimant must be able to show that the injury resulted in disability, disfigurement, significant lost earnings, intense pain and suffering and past or even future medical bills.
Medical Malpractice Elements
In order to prevail in a case, a medical malpractice lawyer Savannah GA must prove four elements. First he or she must show that a legal duty existed between the doctor or hospital to provide care and treatment to the patient. Next, a breach of that duty must be shown by a deviation from the standard of care. Third, it must be established that the breach of that duty cased the patient harm. Finally, the patient must show that he or she suffered legally recognized damages for which the Georgia courts can provide redress. If the patient fails to prove any single one of those elements, the medical malpractice case fails in its entirety.
Some common types of medical negligence that our medical malpractice lawyer Savannah GA has seen involve misdiagnosis, failure to diagnose and surgical errors, anesthesia and radiology errors. For more information about topics like how does medical malpractice work, contact our offices to arrange for a free consultation and case review with a highly rated medical malpractice lawyer Savannah GA. We promise to listen to you carefully and advise you on the viability of your claim and your full range of legal options.