Medical Malpractice Lawyers in Cumming, GA

When Medical Care Goes Wrong

When you entrust your health to a medical professional, you expect to receive competent care. Unfortunately, medical errors and negligence can lead to severe injuries, complications, and even death.

If you or a loved one has suffered due to medical malpractice, you have legal rights. You may be entitled to compensation for your injuries and losses.

Medical malpractice cases are complex. They require an in-depth understanding of both medical and legal issues. An experienced attorney can help you navigate this challenging process.

Common Types of Medical Malpractice

Surgical Errors

Surgical mistakes can have devastating consequences. These include operating on the wrong body part, leaving surgical instruments inside the patient, or making errors during specialized procedures.

For example, kyphoplasty malpractice can occur when surgeons performing this spinal procedure make critical mistakes. These errors can cause permanent nerve damage or paralysis.

Diagnostic Errors

Misdiagnosis or delayed diagnosis are among the most common types of medical malpractice. When doctors fail to correctly identify a condition, patients miss critical treatment windows.

This is particularly dangerous with conditions like cancer, heart disease, or stroke. Early detection saves lives, and delayed diagnosis can be fatal.

Medication and Treatment Errors

Prescribing the wrong medication or incorrect dosages can cause serious harm. Drug interactions that doctors should have caught can also constitute malpractice.

Similarly, failing to provide proper treatment or ignoring obvious symptoms can lead to worsening conditions. Patients have a right to competent care.

Understanding Georgia Medical Malpractice Laws

Georgia has specific laws that govern medical malpractice claims. Understanding these requirements is crucial to building a strong case.

Filing Deadlines Are Strict

There are some exceptions to this rule. For example, if the malpractice wasn’t discovered immediately, the “discovery rule” may extend your deadline. However, you should never wait—contact an attorney as soon as possible.

Expert Affidavit Requirements

Georgia law requires an expert affidavit before you can file a medical malpractice lawsuit. This means a qualified medical expert must review your case and confirm that malpractice occurred.

Your attorney will help you obtain this required affidavit. Without it, your case cannot proceed.

Proving the Standard of Care

To win a medical malpractice case, you must prove that the healthcare provider breached the “standard of care.” This means showing that their treatment fell below what a reasonably competent provider would have done in the same situation.

Expert testimony is essential. Your attorney will work with medical experts who can explain how the provider’s actions deviated from accepted medical practice.

Understanding Damages Caps

Georgia places limits on certain types of damages in medical malpractice cases. Understanding these caps is important when assessing the potential value of your claim.

Your attorney can explain how these limitations may affect your specific case.

Compensation for Medical Malpractice Victims

If you have a valid medical malpractice claim, you may be entitled to compensation for various losses.

Economic Damages

These are tangible financial losses including:

• Medical expenses (past and future treatment costs)
• Lost wages from time off work
• Loss of future earning capacity if permanently disabled
• Cost of ongoing care and rehabilitation
• Medical equipment and medications

Non-Economic Damages

These compensate for intangible losses such as:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement or permanent scarring
• Loss of consortium (impact on relationships)

Wrongful Death Claims

When medical malpractice results in death, surviving family members may file a wrongful death claim. This can compensate for:

• Funeral and burial expenses
• Loss of the deceased’s income and benefits
• Loss of companionship and guidance
• The value of household services the deceased would have provided

Steps to Take After Medical Malpractice

Get Your Medical Records

Request complete copies of your medical records as soon as possible. These documents are crucial evidence for your case.

Hospitals and doctors must provide these within 30 days of your request. Keep copies in a safe place.

Don’t Sign Anything

Insurance companies may ask you to sign releases or settlement agreements quickly. Do not sign anything without consulting an attorney first.

These agreements often waive your rights to further compensation. Once signed, they’re difficult to undo.

Contact an Attorney Quickly

Medical malpractice cases require immediate attention. Evidence can disappear, witnesses’ memories fade, and filing deadlines approach quickly.

An experienced attorney can begin investigating your case right away. Most medical malpractice lawyers offer free consultations and work on a contingency fee basis—meaning you pay nothing unless they win your case.

Why Experience Matters

Medical malpractice cases are among the most complex personal injury claims. They require:

• Understanding of medical terminology and procedures
• Access to qualified medical experts
• Knowledge of Georgia’s specific malpractice laws
• Resources to fully investigate the claim
• Experience negotiating with hospital attorneys and insurance companies

The healthcare providers and hospitals have teams of lawyers defending them. You need experienced legal representation to level the playing field.