Q: How do I prove my medical malpractice case?
Q: Once my case has been settled, can I reopen it?
Q: Will my medical malpractice case go to trial?
Q: If I have been misdiagnosed, can I sue for malpractice?
Q: How do they determine the amount of my settlement?
Q: What does the saying, "preponderance of evidence" mean?
Q: How long do I have to file my medical malpractice lawsuit?
Q: What does contributory negligence mean?
Q: What if my doctor failed to get my consent?
Q: My doctor is claiming that my injury was a complication. Can I still
file for malpractice?
How do I prove my medical malpractice case?
In order to win a medical malpractice case, you cannot simply show that
you experienced a bad medical result, rather you must be able to prove
that no other doctor would have made the same mistake that your doctor
did. In order to prove this you will need an expert medical testimony
who can attest that you did no receive reasonable care. Once you have
established that your medical care provided acted out of
negligence you must correlate that negligence with your injury. A qualified malpractice
attorney will be able to help you prove that your injuries followed as
a direct result of your doctor's negligence. If the injury or death
however, was caused by an unrelated factor besides negligence, the doctor
will not be held liable.
Once my case has been settled, can I reopen it?
Typically, no. Once a case settles they will usually have the claimant
sign a form of release which will inhibit you from ever being able to
pursue compensation for that claim in the future. Speak with Attorney
Tolson at the firm if you are thinking about visiting an old claim and
find out if it is possible.
Will my medical malpractice case go to trial?
With most medical malpractice cases, there is thorough investigation in
order to prove liability. These types of cases can become brutally drawn
out and they are usually more difficult to resolve than the average personal
injury claim. Your malpractice claim will most likely have to be resolved
in trial where a judge will decide the verdict.
If I have been misdiagnosed, can I sue for malpractice?
I cannot say for certain if your
misdiagnosis will be enough grounds for a malpractice lawsuit. With medicine there
is still minimal room for trial and error and doctors may not always diagnose
you right the first time. They must however, provide you with the standard
level of health care that is set forth by the state regulations. If we
are able to prove that your doctor did not provide reasonable care that
another doctor would have provided in that situation, then we may have
a case. To discuss the specifics of your case with Attorney Tolson, schedule
a free malpractice case evaluation today!
How do they determine the amount of my settlement?
Unfortunately, there is no "cookie cutter" answer to this question
because every case is so unique. In fact, there is no minimum or maximum
award amount that you are able to receive. When evaluating your case,
the judge will look at several different factors and form your claim award
based on those findings. Generally the court will take into account how
your injury affects your earning capacity, how the injury inhibits your
life functions, the severity of your injuries, past-present-and future
medical expenses, your pain and suffering, and any other financial or
economic damages that the injury has caused you. To find out an exact
award estimate for your case,
contact Attorney Tolson and tell her the specific details of your case.
What does the saying, "preponderance of evidence" mean?
When deciding the verdict of a medical malpractice case, the judge will
weigh the evidence that each party brought forth. They will then make
their verdict based on who has the more convincing evidence. If your proof
is more substantial and probable, then it will hold greater weight with
them and probably win you the case.
How long do I have to file my medical malpractice lawsuit?
Each state has a different time period in which the victim must file their
claim; this is called a statute of limitations. In the state of Georgia,
the general
statute of limitations for a malpractice claim is two years from the time the injury was sustained. If the symptoms did
not arise right away, then the court will go based on a reasonable amount
of time that the injury should have been discovered. After the designated
time period is over, you will no longer have a right to pursue legal action
or compensation. Some cases are taken as exceptions to this rule, so speak
to our legal team today and file your claim before it is too late.
What does contributory negligence mean?
This is used to describe cases in which the patient was partially at fault
for their injuries. If a doctor prescribes a certain treatment or recommended
care plan for you to follow as the patient, and you fail to perform these
duties, then you contributed to the negligence in the case. For example,
if your doctor told you to come in and have a cancer screening in the
next six months and you neglect to do so and are diagnosed with cancer
later on, then you could be accused of contributory negligence if you
try to sue for failure-to-diagnose.
What if my doctor failed to get my consent?
Before performing any medical procedure, your doctor is required to go
over all the possible side effects or dangers of the procedure. This is
referred to as "informed consent," it means that the patient
is aware of all the possible consequences pertaining to the procedure.
If the doctor fails to get your informed consent then you may be have a valid
medical malpractice case against them. There are however, certain exceptions to this rule.
For example, if you are unconscious and your family or emergency contact
cannot be reached, then they make an informed decision and take action
on your behalf.
My doctor is claiming that my injury was a complication. Can I still file
for malpractice?
This can be one of many ways that doctors and hospitals attempt to circumvent
liability. By calling a medical incident a "complication" rather
than a "mistake," it takes away any fault on behalf of the hospital
and its staff. Some side effects of surgery are the result of complications,
but many others were the result of blatant medical errors. In fact, medical
malpractice statistics may even be much lower than they actually are due
to hospitals reporting malpractice as "complication" instead.
Understanding whether your incident was the result of malpractice or complication
is best determined by an
Atlanta medical malpractice attorney from our firm after investigation of the evidence. However, it may raise
suspicion if your doctor did not warn you of any possible complications
before your procedure.