Stone Mountain Surgical Error Lawyer

Stone Mountain Surgical Error Attorney

Experiencing an error during surgery can leave patients with immense emotional and physical trauma. It can then become overwhelming trying to work up the courage to pursue a legal case against the party that injured you. Reach out to a Stone Mountain surgical error lawyer to find a legal advocate who can help you navigate legal proceedings and ease your burden.

Hire a Surgical Error Lawyer to Fight on Your Behalf

The proud Black attorneys at The Tolson Firm, LLC have over 30 years of experience representing Georgia citizens during their most difficult times in life. We understand intimately how devastating a surgical error can be. Let’s work together to take back control of your autonomy and life.

Our firm offers free case evaluations to those living in Stone Mountain and the surrounding areas in Georgia. We value making competent legal services accessible to everyone.

The Quality of Stone Mountain Hospitals

Residents in and around Stone Mountain often seek care at the Emory Decatur Hospital, located at 2701 North Decatur Road in Decatur. The next closest option is Emory Hillandale Hospital, located at 2801 DeKalb Medical Parkway in Lithonia.

Patients who need emergency surgery often don’t get to choose their hospital. Even those who schedule surgery typically make their decision based on proximity to them and which facilities accept their insurance. This can make it difficult to know the quality of care being offered.

Between 2020 and 2022, there were 6,341 legal claims filed against doctors throughout the United States. The most common errors in the operating room are operating on the wrong body part or patient and leaving an object inside the patient. In 2023, these errors led to severe harm in 50% of patients. There were 112 cases of wrong surgeries and 110 cases of objects being left inside patients that year.

If you’ve suffered from an error during your surgery, knowing your legal rights can help ensure protection.

Evidence to Collect for Your Medical Malpractice Case

Georgia courts rely on evidence to make their final decision regarding medical malpractice claims. If you only have one type of evidence, or very little evidence, it can hurt your chances of success. Be sure to hire a surgical error lawyer during this time. Your lawyer can help you collect and preserve:

• Testimony from anyone who witnessed the incident happen
• Testimony from professionals and similar medical fields, who can explain their opinion about what caused your injuries
• Any surveillance footage of the incident
• Relevant 911 calls
• Your medical records, which may indicate the error in question
• Any documentation of your financial losses, such as your medical bills or lost income
• Any documentation of your emotional losses, such as a journal detailing your emotional state or notes from a therapist
• A written, detailed timeline of events
• Photos and videos of your injuries and anything related to the incident

Types of Compensation You May Recover for Your Surgical Error Case

When deciding how much compensation to award the filing party, courts rely on evidence to make their decision. This evidence helps them calculate the final amount of compensation. This is based on the real losses you’ve suffered since the incident. You may be able to recover compensation for:

• Your medical bills, such as surgeries, medications, physical therapy, mobility aid devices, and mental health therapy
• Lost income due to missing work from your injuries
• Your pain and suffering
• Your loss of enjoyment of life

Who Can Be Held Liable in a Surgical Error Case

Because surgeries require a full medical team to complete, who is responsible for your injuries may vary depending on the details of your situation. Georgia courts allow victims to file claims against multiple parties. This can include the:

• Surgeon
• Nurses
• Anesthesiologist
• Paramedics
• Hospital staff
• Hospital

Your lawyer can help you understand who you may be able to file your claim against. If you win your case, the amount of compensation is split between the responsible parties.

FAQs

Can I Win Punitive Damages in my Medical Error Case?

You may be able to win punitive damages in your medical error case if the court finds that the wrongdoer acted with extreme negligence or malice. Punitive damages are meant to further punish the guilty party and deter them from committing similar acts in the future. If you win punitive damages, they are generally capped at $250,000. However, if the wrongdoer was under the influence of drugs or alcohol or committed the act intentionally, there is no cap.

What Are the Four Elements Required to Prove Medical Negligence?

The four elements required to prove medical negligence in Georgia start with showing that your medical provider had a legal duty to care for you. You then need to show that they failed to uphold that duty, and their failure directly led to your injuries. Finally, you have to prove that your injuries had real harm on your life, either emotionally or financially. You prove these four things using evidence.

How do Georgia Courts Determine Fault in a Medical Malpractice Case?

In Georgia, courts determine fault in medical malpractice cases by assigning everyone involved a percentage of guilt. Any compensation awarded to you is split between the guilty parties based on their percentages. For example, if the nurse is assigned 20% at fault, and the surgeon is assigned 80% at fault, they each pay their share of your final settlement award. This system helps ensure wrongdoers only pay what they’re responsible for.

How Long Do I Have to File My Surgical Error Case in Georgia?

You have two years to file your surgical error claim in Georgia. However, if you discover the injury after two years, you may still be able to file. All claims must be filed within five years, even if you discover the injury after five years. There is an exception for cases where a medical tool is left inside you, such as a sponge. Filing can be done at the DeKalb County Courthouse, located at 556 North McDonough Street in Decatur.

Choose an Experienced Personal Injury Law Firm to Represent Your Medical Malpractice Case

The lawyers at The Tolson Firm, LLC have spent years helping residents of Georgia seek the justice they deserve. Contact our office today to learn how we can help you. We offer free case evaluations to new clients living in Stone Mountain and the surrounding areas in Georgia.