Decatur Surgical Error Lawyer

Decatur Surgical Error Attorney

Surgeries can be scary. We allow ourselves to be put under anesthesia with the understanding that we may wake up in pain, but our problem will be resolved. Sometimes, that is not what happens. If your surgery goes wrong as a direct result of a preventable medical mistake, you could work with a Decatur surgical error lawyer to recover compensation that will pay for medical bills, lost wages, and other damages.

Trust The Tolson Firm, LLC

If you are looking for a skilled Decatur medical malpractice lawyer to help you with your claim, look no further than The Tolson Firm, LLC. Our team has been working with clients just like you to resolve medical malpractice claims for many years. In that time, we have developed a clear understanding of surgical error laws and how to leverage them to get positive results for our clients. We can help you, too.

Why Hire a Surgical Error Lawyer?

Georgia has one of the lowest rates of medical malpractice claims filed in the country. Between 2012 and 2023, there were a total of 8,852 claims filed, which amounts to 7.52 per 100,000 residents. Furthermore, rates of claim filing dropped by 15% in the 10 years preceding the 2023 study. Only Hawaii, New York, and Idaho had lower rates of medical malpractice claim filing per capita.

Unfortunately, while Georgia’s medical malpractice rate is low, there are still many residents who face complications from surgical errors each year. If you are one of them, you can hire a surgical error lawyer to help you hold the doctor and hospital responsible.

Surgical Errors at Emory Decatur Hospital

Emory Decatur Hospital got its start in 1961 as DeKalb General Hospital. In 2018, it joined Emory Healthcare, Georgia’s largest academic health system. While Emory Decatur Hospital is committed to providing the community with exceptional healthcare, mistakes still happen. Surgical mistakes that can occur at this and other hospitals include many of the common surgical errors in Atlanta metro area facilities, such as:

• Leaving foreign objects inside patients
• Operating on the wrong patient
• Performing the wrong surgery
• Operating on the wrong part of a patient’s body
• Falls from the operating table
• Hospital-acquired infections as a result of poor hygiene
• Medication errors during or following surgery

These types of serious surgical errors can leave patients facing additional operations to address the initial problem or life-threatening infections.

Fault in Surgical Error Cases

Proving fault in surgical error cases is more complicated than you might expect. While it is usually clear where the error originated, it can be challenging to show that it was preventable. Surgical error claims depend on showing that the doctor did not exercise a proper standard of care, which is a key factor in determining if an outcome was a preventable surgical error versus a known complication. This can generally be done by proving that they did not take actions that a reasonable doctor with the same training would have taken.

Proving fault in a medical malpractice claim often requires the hiring of expert witnesses. Expert witnesses can testify about what a doctor should do under relevant professional standards and compare it to the actions of your doctor. They should be qualified in the same area of medicine as the doctor who caused your surgical error.

Proving Negligence

Negligence claims have four key elements:

1. Duty of care. Your doctor owed you a certain duty of care, which can be evidenced by proving you had a doctor-patient relationship.
2. Breach of duty. Your doctor deviated from the standard of care set forth by those in the same field.
3. Causation. The doctor’s deviation from the standard of care caused you to be unintentionally injured during your surgery.
4. Damages. You suffered actual damages as a result of your injuries.

Your surgical error lawyer will be able to help you gather evidence and construct a case to support your medical malpractice claim. Seeing examples of medical negligence in Georgia can clarify how these legal principles apply in practice. That evidence could include:

• Medical and surgical records
• Operative reports
• Anesthesia records
• Diagnostic images
• Witness statements
• Hospital procedural guidelines

Your doctor is legally obligated under HIPAA to provide you with your medical records, including your surgical and anesthesia records, upon request.

FAQs

Can You File a Claim if Something Goes Wrong in Surgery?

You can file a claim if something goes wrong in surgery due to a doctor’s or another healthcare provider’s negligence or preventable mistake. In these cases, you can seek compensation for a variety of economic and non-economic damages, including medical bills, lost wages, and pain and suffering associated with the surgical error.

Who Pays if a Surgeon Makes a Mistake?

If a surgeon makes a mistake during surgery, either their medical malpractice insurance or the hospital’s will pay for any damages incurred. The liable party should pay for everything from corrective surgeries to medical bills associated with them, lost wages due to ongoing medical care, and pain and suffering experienced by the patient.

What Is the Average Medical Malpractice Settlement in Georgia?

There is no average medical malpractice settlement in Georgia because every case is different. For minor medical errors that lead to temporary injuries, the payout will not be as substantial as it would be for a serious surgical error that required additional corrective surgeries and ongoing medical care for a permanent disability.

Is a Botched Surgery Considered Malpractice?

A botched surgery can be considered malpractice if it occurred due to a surgeon’s preventable error. A preventable error is one that occurs as a result of the surgeon’s failure to meet accepted standards of care within their field. Your Decatur surgical error attorney will be able to help you file a claim against the surgeon and potentially the hospital that employed them.

Your Decatur Surgical Error Lawyer

If you have suffered as a result of a botched surgery, you can turn to a Decatur surgical error lawyer to help you hold the doctor and medical facility accountable. The Tolson Firm, LLC, can help. Our lead attorney, Audrey Tolson, is proud to be a Black lawyer who gives back to her community through providing skilled legal advice and representation. Our seasoned law firm can confidently take on your surgical error case. Contact us to schedule an initial consultation.