Marietta Surgical Error Lawyer

Marietta Surgical Error Attorney

Patients deserve to feel like they can rely on their medical team during intense procedures such as a surgery. When a professional fails at their duty and makes a mistake, you need a strong legal advocate to fight for your rights. Contact a Marietta surgical error lawyer to understand your legal options under Georgia law.

Work With Empathetic Lawyers Who Are Passionate About Legal Advocacy

Founding attorney Audrey Tolson of The Tolson Firm, LLC created her practice with the belief that Georgia residents deserve competent legal services during their most challenging moments in life. Our team is composed of proud Black attorneys who are passionate about protecting the legal rights of our neighbors and community members.

During your consultation, you have the opportunity to explain your situation in full detail to our attorneys. Based on the facts of your case, we can provide transparent legal guidance. We value providing our clients with the tools they need to regain control of their lives after destabilization.

Marietta Hospital and How to Protect Yourself From Medical Malpractice

When seeking medical care, patients typically have limited options based on proximity to home and which providers accept their insurance. In Marietta, Georgia, the main hospital for residents is Wellstar Kennestone Regional Medical Center, located at 677 Church Street.

In 2022, 32.1% of doctors in the United States reported having had a legal claim opened against them at least once in their careers. 28.6% of anesthesiologists and 48.9% of surgeons reported having a claim filed against them. Given the high risk of surgery, mistakes can happen in the operating room.

The most common mistakes made by American surgeons include leaving an object inside the patient during surgery and operating on the wrong body part of the patient, which are clear examples of medical negligence. In 2023, there were 112 cases of wrong surgery and 110 cases of objects left inside patients during surgery.

Knowing the steps to take after medical malpractice can help ensure your rights are protected.

Steps to Take After a Surgical Error

After you realize you were injured during your surgery, you need to hire a surgical error lawyer to help you navigate the next steps in your case. This includes filing your case at the Cobb County Superior Court, located at 70 Haynes Street. Your attorney can then help you understand what evidence needs to be collected. They can assist in gathering and preserving:

• Testimony from professionals in a similar medical field about their opinion on what caused your injuries
• Testimony from anyone who witnessed the incident
• A written, detailed timeline of events
• Surveillance footage of the incident
• Relevant 911 calls
• Your medical records, which can show tests, medications, notes from doctors and nurses, and any errors
• Documentation of your financial losses, such as your medical bills and lost income
• Documentation of your emotional losses, such as a note from your therapist and a journal logging your feelings
• Relevant photos and videos, such as of your injuries

Types of Damages You Can Request in Georgia

When deciding how much compensation to award victims, courts look at the amount of losses they’ve suffered since the incident. Victims can request damages to compensate for these losses. The main types of damages that can be requested in a medical malpractice case are:

• Economic damages. These damages help victims recover compensation for their financial losses. This can include their medical bills, such as medications, corrective surgeries, physical therapy, mental health therapy, and mobility aid devices. It can also help them recover any lost income due to missing work from injuries.
• Non-economic damages. These damages help victims recover compensation for their non-financial losses. While this can be more difficult to calculate, they’re equally as important as Financial losses. This can include compensation for pain and suffering and loss of enjoyment of life. In the most tragic cases where a surgical error is fatal, Georgia law has specific rules regarding who can file a wrongful death suit.

FAQs

Who Pays Compensation During a Medical Malpractice Case if a Surgeon Makes a Mistake?

The party that pays compensation during a medical malpractice case depends on who was involved in the incident. Because surgeries require an entire team to complete, liability is often shared between the surgeon and other staff. This can include nurses, paramedics, the anesthesiologist, other hospital staff, and even the hospital itself for failing to uphold safety standards, as errors by any team member, such as anesthesia malpractice, can lead to liability. Your lawyer can help you understand who you can file your claim against.

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

Patients in Georgia generally have two years to file their legal claim after experiencing medical malpractice. While this timeline may seem long, it’s important to file as soon as possible. Your losses may only continue to pile up the more you wait, and evidence can be harder to preserve. If you fail to file within the proper deadlines, the court can often dismiss your case entirely.

What Do I Do if I Didn’t Discover the Injury Until Later On?

If you didn’t discover the injury until later on, you may still be able to file your legal claim. Patients have an absolute five-year deadline for filing. Unfortunately, this means that if you don’t discover your injury until six years after the surgery, you won’t be able to pursue compensation for your pain. However, there is an exception for those who had medical tools left inside them during surgery.

What Are the Benefits of Mediation in a Medical Negligence Case?

There are many benefits to pursuing mediation in a medical negligence case. Mediation is an alternative to court, where a neutral third party runs sessions between you and the other party involved in your case. During these sessions, you can discuss your legal issues and work together to come to a solution. If you’re unable to agree, the case proceeds to trial, where a judge has the final say.

Hire a Surgical Error Lawyer With Years of Professional Experience

Reach out to The Tolson Firm, LLC today to schedule your meeting with one of our lawyers. We offer free consultations to those living in Marietta and the surrounding cities in Georgia. Our attorneys have dedicated their professional lives to protecting the rights of our clients.