Are You a Victim of Medical Malpractice?
In the event of a medical mistake, one may question whether it was due to negligence or an unforeseen complication. Unfortunately, this apprehension often deters individuals from pursuing legal action when a healthcare professional’s actions result in harm to the patient. Shockingly, it is estimated that 195,000 patients lose their lives each year due to medical errors in hospitals, yet only 15,000 to 19,000 individuals actually file a lawsuit.
If you believe that you have fallen victim to medical malpractice in the South Atlanta area, we urge you to reach out to the experienced medical malpractice attorney at The Jewkes Firm. We possess the knowledge to explain the crucial aspects of your case and provide guidance throughout the process of filing a medical malpractice claim.
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What is Medical Malpractice?
Medical malpractice refers to situations where a healthcare professional fails to provide proper treatment, neglects to take necessary action, or provides substandard care that leads to harm, injury, or even death for a patient. Common claims of malpractice include medical errors such as misdiagnosis, medication mistakes, surgical errors, birth injuries, and more.
While healthcare providers may not be held responsible for all instances of harm, such as unexpected reactions to medication, they can be held liable if the patient suffers harm due to the provider’s failure to meet the expected standard of care in those specific situations.
To qualify as a medical malpractice claim under U.S. laws, the following factors must be present:
- Failure to provide care according to the standard of care.
- The patient suffered an injury as a result of the deviation from the standard of care.
- The injury resulted in damages, including pain, suffering, loss of income, and disability.
These factors offer various possibilities for a medical malpractice case to be dismissed if the patient does not seek legal guidance. For instance, the doctor may have acted within the appropriate standard of care for the original injury or illness, but subsequent harm occurred. Alternatively, the patient may not have suffered despite the deviation from the standard of care, leading to the case being closed.
Furthermore, it is crucial to provide evidence of negligence. The patient or their family must demonstrate the following:
- The existence of a patient-provider relationship.
- The medical provider’s negligent actions.
- The negligence directly caused the injury or death.
- The injury resulted in economic and, in some cases, non-economic damages.
Common Medical Malpractice Claims
The Jewkes Firm is dedicated to assisting victims of medical errors with a wide range of common medical malpractice claims. Our team of skilled malpractice attorneys and medical experts have successfully handled cases involving misdiagnosis, delayed diagnosis, surgical and anesthesia errors, birth injuries, medication errors, failure to treat, and nursing home negligence.
It is important for patients to understand that informed consent plays a crucial role in medical procedures. If a patient is not properly informed about the potential risks and complications associated with a surgery, and they suffer an injury as a result, the medical provider may be held accountable for their actions. This includes situations where the patient may experience the loss of a limb, reduced bodily functions, or other disabilities.
What are the potential recoverable damages in a medical malpractice lawsuit?
If you or someone you care about has been a victim of medical malpractice, you may have the right to seek compensation for various losses, including wrongful death, medical expenses, lost wages, future wages, pain and suffering, and disfigurement. In certain situations, punitive damages may also be awarded if the medical provider displayed willful or malicious negligence.
It is important to understand that in most cases, medical malpractice claims are resolved through out-of-court settlements. However, if the offered settlement does not adequately cover your losses, you are not obligated to accept it.
Instead, you have the option to engage a medical malpractice attorney who can represent you in court against the medical provider, hospital, insurance company, and others involved, in order to recover the necessary damages for your recovery.
How Can I Avoid Becoming a Victim of Medical Malpractice?
If you have concerns about becoming a victim of medical malpractice due to your vulnerable state, there are steps you can take to safeguard yourself.
Take a Proactive Approach to Your Care
Many individuals, particularly older adults, tend to trust their doctors without seeking second opinions or conducting research on their conditions. Unfortunately, this can sometimes make a significant difference in the outcome.
To prevent this, it is crucial to be proactive in your care. Pay attention to how your medical provider behaves during procedures and don’t hesitate to ask questions if something seems amiss.
Act as Your Own Advocate or for a Loved One
It is common to feel overwhelmed or intimidated by doctors. However, by acting as your own advocate or advocating for a loved one, you can help prevent mistakes from happening. If your doctor fails to explain things clearly or dismisses your concerns, don’t hesitate to assert yourself and insist on having your questions and feelings addressed.
Bring a Companion
While it is unfortunate to think that you need a witness during appointments or procedures, having someone accompany you to the doctor’s office can be beneficial if an error occurs.
Ask a trusted companion to join you and encourage them to ask questions as well. They may provide insights that you and your doctor may have missed, potentially preventing you from becoming a victim of medical negligence.
Stay Attentive to Your Body
Although your doctor is a medical professional, nobody knows your body better than you do. Pay close attention to any changes in your health. If you notice adverse reactions to medication or feel that you are not receiving adequate after-care, communicate with your medical provider to find a solution. If they refuse or fail to address your concerns, rest assured that you have done everything within your power, and legal action may be necessary.
Are You A Victim of Medical Malpractice? Call The Jewkes Firm for a Free Consultation.
If you suspect that you or a loved one has been a victim of medical malpractice, you don’t have to face it alone. The personal injury lawyers at The Jewkes Firm are here to assist you in obtaining the justice and compensation you deserve. If you believe you have been a victim of medical malpractice in the South Atlanta area, our attorneys are available to meet with you at no charge. We operate on a contingency fee basis, meaning you don’t have to pay anything until your case is resolved. Additionally, we only take a percentage of your award, ensuring that you have the necessary funds for recovery. We believe that everyone should have access to legal support during their most vulnerable times. Contact the medical malpractice attorneys of The Jewkes Firm today for a free consultation with no obligation.