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Toccoa, GA 30577

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Medical Malpractice Basics

In Georgia, medical malpractices must be proven with expert witness opinion. The expert also must be someone who has similar expertise as the doctor or hospital you want to sue. If you have been very seriously injured because of medical malpractice, you will need a lawyer who specializes in these cases. Maybe you have a family member who died or has been left with a permanent life-changing injury because of medical malpractice.

Don’t delay calling a lawyer. Doctors and hospitals in Georgia defend these cases very aggressively. You need an experienced lawyer on your side.

Lee Hicks and The Hicks Law Firm in Toccoa, GA will bring the expertise and experience needed to be successful in a medical malpractice lawsuit.

 

Following is an excerpt from an article on www.nolo.com – https://www.nolo.com/legal-encyclopedia/medical-malpractice-basics-29855.html

To prove that medical malpractice occurred, you must be able to show all of these things:

A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing — this means you hired the doctor and the doctor agreed to be hired. For example, you can’t sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.

The doctor was negligent. Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. The doctor’s care is not required to be the best possible, but simply “reasonably skillful and careful.” Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim. Almost all states require that the patient present a medical expert to discuss the appropriate medical standard of care and show how the defendant deviated from that standard.

The doctor’s negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor’s negligence caused the death rather than the cancer. The patient must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor’s negligence caused the injury.

The injury led to specific damages. Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can’t sue for malpractice if the patient didn’t suffer any harm. Here are examples of the types of harm patients can sue for:

  • physical pain
  • mental anguish
  • additional medical bills, and
  • lost work and lost earning capacity.

Neither this blog nor any tips provided herein shall constitute legal advice. This firm only provides legal advice to clients who have retained this firm and signed a written contract to hire this firm. As such, those reading the tips and blog are not clients and are, therefore not receiving legal advice from this firm.

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