Alpharetta Surgical Error Lawyer

Alpharetta Surgical Error Attorney

Errors during surgery can cause patients lifelong physical and emotional pain. It’s normal to want justice when your medical professional team fails at their duty to care for you. Working with an Alpharetta surgical error lawyer can help you understand your legal options and rights.

Hire a Surgical Error Lawyer to Advocate on Your Behalf

With over 30 years of experience, The Tolson Firm, LLC, works with clients who have experienced pain because of another party’s actions. As proud Black attorneys, we value offering empathy and competent legal services to our clients. You’ve already experienced enough pain. Let our skilled team handle your case so you can focus on your well-being.

Our firm offers free case evaluations to residents of Alpharetta and surrounding towns in Georgia. When you come into our Atlanta office, you won’t be treated as just another case number. We take injustices personally and fight tirelessly for our clients’ rights.

The Quality of Hospitals in Alpharetta

The hospitals in and around Alpharetta include Wellstar North Fulton Medical Center and Emory Johns Creek Hospital. During emergencies, patients don’t have a choice about which hospital they receive care at. Even when the surgery is scheduled, patients typically choose the hospital that accepts their insurance and is most convenient for them.

They shouldn’t have to worry about the reputation of a hospital. However, many hospitals receive poor ratings and should be researched beforehand, if possible. In 2022, 32.1% of United States physicians reported having had a legal case opened against them at least once in their careers. Fifty-two claims were filed per 100 physicians in the South Atlantic region of the country.

In 2023, the most common surgeries that resulted in a malpractice claim were spine and intervertebral disc surgery with 22.1% of claims, arthroscopy with 14.7% of claims, and surgery on muscles and tendons with 11.8% of claims.

Understanding state laws regarding your legal rights can help protect you in the event of medical malpractice.

Georgia’s Comparative Negligence System

When determining who is at fault for your injuries and how much compensation they should pay, Georgia courts use a comparative negligence system to assign everyone involved a percentage of fault. For residents of Alpharetta, these cases are typically overseen at the Lewis R. Slaton Courthouse, located at 136 Pryor Street in Atlanta.

Any compensation awarded to you is split between the responsible parties based on their percentage of fault. For example:

• The surgeon may be assigned 40% at fault for the incident
• The nurse may be assigned 20% at fault for the incident
• The anesthesiologist may be assigned 10% at fault for the incident
• The hospital itself may be assigned 30% at fault for the incident
• If you’re awarded $500,000 as a final settlement, each responsible party would pay their individual percentages of fault

This system helps ensure that guilty parties only pay what they are responsible for.

Types of Damages You Can Request in Your Surgical Error Case

When determining how much compensation to award you, courts base the final amount on the losses you’ve suffered since the incident. These are also called damages. There are two main types you can request. Economic damages help victims recover compensation for their financial losses, such as:

• Medical bills, including corrective surgeries, medications, physical therapy, mental health therapy, mobility aid devices, and other services
• Lost income due to missing work from your injuries

Non-economic damages help victims recover compensation for their emotional losses, including compensation for their:

• Pain and suffering
• Loss of enjoyment of life

Be sure to hire a surgical error lawyer to help calculate the maximum amounts of damages that can be requested in your unique case.

FAQs

What Four Things Do I Need to Prove to Georgia Courts in a Medical Malpractice Case?

The four things you need to prove medical malpractice to courts in Georgia start with showing that your medical professional had a duty to treat you with care. You need to demonstrate that your provider failed to fulfill their duty, and that this failure directly caused your injuries. Finally, you need to prove that your injuries caused you real harm, either financial or emotional. You prove these four things using evidence.

What Evidence Should I Collect for My Surgical Error Case?

You should collect extensive and diverse evidence for your surgical error case. Courts rely on evidence from all parties to determine the outcome of a case. If you only have one type, it can be difficult to prove your side. Evidence can include testimony from eyewitnesses and professionals, as well as any surveillance footage and 911 calls. Include your medical records and proof of financial losses, such as your medical bills and lost income.

What Is the Deadline to File My Surgical Error Claim in Georgia?

The deadline to file your surgical error claim in Georgia is generally two years from the date the injury occurred. However, if you discovered the injury after two years, you may be able to file a claim. All medical malpractice cases must be filed within five years of the date of injury. The only exception to this is if a foreign object was left inside you, such as a medical sponge.

Can I File a Medical Malpractice Claim Against Multiple Parties?

You may be able to file your medical malpractice claim against multiple parties, depending on the unique details of your situation. Because surgeries often involve an entire medical team, this also means that fault is typically shared between multiple medical professionals.

You may be able to file your claim against paramedics, nurses, anesthesiologists, other hospital staff, surgeons, doctors, and even the hospital itself. Your lawyer can help you understand who you can file your case against.

Choose a Personal Injury Lawyer With Years of Professional Experience

Contact The Tolson Firm, LLC today to meet with one of our skilled attorneys. During your evaluation, we can offer transparent legal guidance based on the details you provide so you can trust that you have the knowledge needed to make informed decisions regarding your case.