Medical Malpractice
Atlanta, Georgia Personal Injury Lawyer


Many think that "malpractice" applies only to medical doctors. Yet other health care providers, such as, chiropractors, therapists, nurses, psychologists, and dentists may also be sued for malpractice.

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Q: How do I determine if I have a case?
A: That question can best be answered by looking at 3 parts. 1. The first issue is whether the doctor owed a duty to the patient. This is generally simple to answer. When a patient goes to a doctor and the doctor agrees to treat the patient, the doctor has assumed a duty to treat the patient with that degree of skill and care possessed by competent and careful physicians. By agreeing to diagnose or treat a patient, the doctor has indicated that he or she has the appropriate training and skill to adequately care for the patient and has assumed a duty to use that skill and training to treat the patient. 2. A person has a claim for medical malpractice when the doctor injures his or her patient by providing less care than that which could be expected from a reasonably competent doctor in diagnosing or treating the same condition. In Georgia, a plaintiff must present expert testimony on the manner in which the defendant departed from that standard. 3. The third requirement to succeed in a medical malpractice lawsuit is causation. Causation is frequently divided into two separate inquiries: A. whether the actions caused the harm to the patient, and B. whether the professional's actions were the proximate cause of the patient's harm. In other words, there must be a close connection between the action by the doctor and the harm to the patient.

In some cases, the causation inquiry is answered rather easily - such as when a doctor gives a patient the wrong drug (or too much of the right drug) and causes permanent injury. In other cases, it is much more difficult and the doctor frequently attempts to claim that something else other than the doctor's care caused the harm.

Q: What are the most common types of medical malpractice?
A: While medical malpractice is a broad term and can cover numerous actions and failures to act, the most common cases are: Improper diagnosis Failure to diagnose Errors in medications Foreign objects dropped inside a patient during surgery such as sponges or needles Errors in diagnosing fetal problems/improper child delivery Failure to advise clients of diagnosis Lack of informed consent Improper prescription Performing surgery or other action below the standard or incorrectly Abandonment/Failure to attend to a patient

Q: What damages may I recover?
A: A person who is the victim of medical malpractice can sue for the injuries and all direct consequences of those injuries. "Direct consequences" include any mental or physical pain and suffering caused by the careless doctor and any lost wages, medical expenses or other economic damages resulting from the injury.

Q: Do I need a lawyer to file a claim?
A: You will need a lawyer because medical malpractice cases are very complex and difficult to pursue. It is rare for a healthcare provider to settle a malpractice claim early. Expect the doctor or hospital to hire a lawyer who specializes in defending medical malpractice claims and you get ready for a long fight.

Q: What can I do to help a lawyer determine if I have a claim?
A: Get your medical records and do not take "no" for an answer. You are entitled to copies of each and every piece of medical information which concerns you anywhere in the U.S.. You have to ask for them in a way that makes it clear to the doctor's staff that you know you are entitled to them.

The request for medical records is made at your doctor's office for his office notes, reports, and test results, and at the medical records department of your hospital for all events happening while you were a patient therein. The doctor's office or hospital may properly request that you sign a release of information form and they may be a copying charge. If you want to present your records for a complete malpractice evaluation, your attorney and next doctor will need all of the records. Do not accept summaries that the health care providers choose to give you.

Specifically request, "Each and every page of medical record information available including, but not limited to: Office notes, discharge summaries, history, physical exam, progress notes, operating reports, operating room records, anesthesia sheets, consultation requests and reports, all laboratory and imaging results, memos, letters, insurance forms, bills, and all other written records concerning me in your possession."

Q: Can I get the records of a spouse or child?
A: Since medical records are confidential, they may properly be released only to the patient, or to someone authorized in writing by the patient, or authorized by law to act for the patient. As a parent of a minor, your are authorized by law to obtain your child's medical records. However, once that child is deceased, that legal authority ends. A medical provider should not release to anyone (including children parents or spouse) the medical records of a deceased person without being provided proof that the person requesting them has been appointed as executor or administrator of the deceased person's estate.

Q: What do I do if they won't give me my records?
A: You may experience a 3-5 day delay. If you request records mentioned herein in writing and are refused, try to get such a refusal in writing. Tell the doctor that you plan to report the refusal to provide you with copies to the State Medical Board, and to the Secretary of State. That should get their attention and the records should then be produced.

Q: What if I signed a consent form?
A: Many hospitals require patients to sign consent forms before providing medical treatment. It will state that there are generally risks when underperforming procedures like surgery and you accept that there are no guarantees of a good result. Even if you have signed a form, you should be able to make a claim against a doctor. A doctor's failure to follow proper procedures when performing an operation is much different from you consenting to the normal risks of the procedure. You did not consent to substandard medical care.

Q: How long will this take to be resolved?
A: It is a very slow process. The average time for a case is generally from as little as one year to as much as six years. Generally it takes at least three years. It is very rare when the case be settled in a few weeks or months. Just as no lawyer can ever guarantee a successful outcome, no lawyer can promise you how long your specific case will take. There are too many specific factors for each case.