Medical malpractice claims and lawsuits can arise when people are injured by negligent or intentional acts of a doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider. We recognize that injuries suffered as a result of medical malpractice can be severe and life altering. Our legal system gives an injured person the right to bring a case before a jury of his or her peers for a determination of whether the defendant breached a legal duty of care.
When someone is determined to be legally responsible for injuring someone else, they are liable for the injury and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured.
In Georgia, in order to prove that malpractice occurred, the Plaintiff must prove that the defendant failed to use such degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances. Georgia law also requires that before any medical malpractice lawsuit can be filed, the plaintiff must file with the Complaint an affidavit of a competent expert which sets forth specifically at least one negligent act or omission claimed to exist as to each defendant and the factual basis for each such claim.
It is important to understand that a mere bad result or medical complication does not equal malpractice. In order to successfully pursue a malpractice claim, a great deal of investigation is necessary to order to determine whether the injury was caused by negligence.
The attorneys at Chambers, Aholt & Rickard, LLP take great care in diligently investigating a potential medical malpractice case before determining whether to file a lawsuit. After an initial consultation with a client, the lawyer will decide whether further investigation is warranted. In performing this analysis, the lawyer will examine many different issues, including whether it meets the legal requirements necessary to prove liability and whether the damages were proximately caused by the medical professional´s negligence. If the attorney believes that there are sufficient issues to warrant additional investigation, he or she will then review the medical records in detail. Often times, this requires obtaining records from multiple healthcare providers.
The lawyer may also want to consult with other professionals for their opinion. Finally, based on the lawyer´s legal analysis, factual investigation, and professional consultations, the lawyer will determine whether to hire an expert to review the case. If the reviewing expert finds that there was negligence and that the negligence resulted in an injury to the client, the lawyer will be able to tell you whether he or she believes that you have a claim or lawsuit which has reasonable chances for successful pursuit.