Medical malpractice is a reality that a lot of people deal with when they fail to get the care that they expect from their healthcare providers. If a nurse, doctor, or other health care expert makes a medical error that results in harm, patients have to deal with the consequences. While this can be an overwhelming experience, there are legal options that victims can explore. By understanding the available legal remedies, victims can take the necessary steps to seek the compensation and justice they deserve. Atlanta medical malpractice attorneys offer legal support to victims of medical malpractice and guide them through the legal process. 

What is Medical Malpractice?

If a healthcare provider does not meet the expected standard of care, they can face a medical malpractice charge. Medical malpractice takes a lot of forms, from misdiagnoses to medication mistakes, birth injuries, and surgical errors. The effects of such errors can be life-changing and can result in long-term emotional, financial, and physical challenges for victims. 

For a lot of victims, the first hurdle is usually knowing if they have a medical malpractice case. Patients usually trust their doctors, and may not realize right away that negligence is involved if something goes wrong. However, if harm arises because of the actions or inactions of a medical expert, victims can hold this expert accountable. 

What to Know When Filing a Medical Malpractice Claim

 Initiating a claim for medical malpractice can be daunting, especially as victims are dealing with the negative consequences of medical negligence. But pursuing legal action can offer justice and compensation for the losses of the victims. 

To initiate this process, you should consult with an experienced attorney who can assess your case’s details. The attorney will collect evidence such as medical records, witness statements, and expert witness testimonies to build a strong case for you.

When filing a medical malpractice claim, there are requirements you must meet. First, you should establish the existence of a doctor-patient relationship. Such a relationship is the basis for the duty of the doctor to provide care that meets the medical community’s established medical standards. After proving this relationship, you need to show that the doctor breached this duty by acting carelessly or negligently, leading to an injury or harm. In addition, you need to give evidence of your damages including medical bills, pain and suffering, and lost wages. 

You must act quickly when pursuing a claim because the is a statute of limitations to follow. This statute limits the amount of time you can file a lawsuit. In Georgia, you have two years from the injury date to file. Working with an attorney from the start makes sure that you take all the necessary steps to meet such deadlines. 

What Damages Can You Recover?

As a medical malpractice victim, you can seek compensation for all damages you have sustained because of the doctor’s negligence. Typically, these damages are categorized into economic and non-economic damages. Economic damages are tangible monetary losses like medical expenses, lost wages, and rehabilitation costs. Calculating these damages is easy because they have a certain dollar value.

Meanwhile, non-economic damages are harder to calculate; however, they are also essential in your case. They compensate you for the emotional distress, pain and suffering, and loss of life enjoyment you have suffered because of the doctor’s negligence. Such damages address the injury’s personal effects, giving compensation for your diminished quality of life.

Sometimes, courts may award punitive damages, which are meant to punish the doctor for their egregious behavior. Although these damages may not be awarded in all cases, they can increase your compensation amount.  With an attorney on your side, you have a good chance of securing maximum compensation for your losses.