Medical Malpractice FAQ
Answers to your questions from the Decatur law firm with healthcare expertise
Do you have a question about your medical malpractice case in Georgia? Wondering where you can find answers to your questions? Make sure you get the facts from someone who knows the law and understands how the legal system works in Georgia. Make sure you talk to a Georgia medical malpractice lawyer at Kurle Justus, LLC.
Our attorneys have years of experience handling complex cases throughout Georgia. One of our lawyers worked in a healthcare field as a respiratory therapist for more than 10 years before becoming an attorney. As a result, we have an in-depth understanding of how the health care system works, particularly when it comes to medical malpractice cases.
We understand the seriousness of your situation. We realize your legal case is about more than just money. It’s about holding medical professionals accountable for their actions. It’s about making sure these mistakes never happen again to your loved one or others. It’s about justice. That’s why we want to help you.
What is your medical malpractice question?
Below, you will find the answers to some of the most frequently asked questions about medical malpractice. Even if you do see the answer to your question listed here, it’s important to remember that every medical malpractice case is different. That’s why we strongly urge you to contact our law firm as soon as possible to discuss the details of your medical malpractice case. We offer a free case evaluation to all potential clients and would be honored to handle your claim. Simply schedule an appointment with Kurle Justus, LLC.
- What is medical malpractice?
- What are common cases of medical malpractice?
- What is a breach of the standard of care?
- How do I know if I have a medical malpractice claim?
- Who investigates medical malpractice claims in Georgia?
- Should I talk to an insurance company if they contact me about my medical malpractice claim?
- Should I accept a settlement offer for my medical malpractice claim?
- How much is my medical malpractice claim worth?
- What kind of compensation can I recover for medical malpractice?
- Can I file a medical malpractice lawsuit in Georgia?
- Who can file a medical malpractice claim in Georgia?
- Who can I sue for medical malpractice?
- Is there a deadline for taking legal action in Georgia for medical malpractice?
- How much does a medical malpractice lawyer cost?
- Why should I hire a Georgia medical malpractice lawyer?
Medical malpractice is a legal term used to describe an injury or illness caused by mistakes made by a medical professional. In many cases, medical malpractice is due to neglect on behalf of doctors, nurses, surgeons, or other medical professionals. Medical malpractice can also involve intentional or reckless behavior. Whatever type of medical malpractice case you’re dealing with, you can count on us to be your voice for justice.
What are common cases of medical malpractice?
Medical malpractice can take many forms, each with serious consequences for patients. Below are some of the most frequent types of cases:
- Misdiagnosis or delayed diagnosis: When a condition is incorrectly diagnosed or not identified in a timely manner, leading to worsened health or complications.
- Surgical errors: Mistakes made during surgery, such as performing the wrong procedure, leaving foreign objects inside the body, or causing unnecessary damage.
- Medication errors: Incorrect prescriptions, dosage mistakes, or failure to consider drug interactions that harm the patient.
- Birth injuries: Harm caused to a newborn or mother during delivery due to improper care or handling.
- Anesthesia errors: Issues arising from improper administration or monitoring of anesthesia, potentially leading to severe complications or death.
- Failure to follow-up/monitor: Neglecting to monitor a patient's condition after initial treatment, which can lead to adverse outcomes.
What is a breach of the standard of care?
In medical malpractice, a breach of the standard of care occurs when a healthcare professional fails to provide the level of care that a reasonably competent provider would have given in similar circumstances. This means the doctor or nurse didn't do what most others in their field would consider necessary and appropriate. When this happens, and it results in harm to the patient, it can be considered a breach of the standard of care, which is a key element in proving a medical malpractice claim.
How do I know if I have a medical malpractice claim?
The best way to find out if you have a medical malpractice case is to talk to an experienced medical malpractice lawyer. One of our attorneys can answer your questions, evaluate what happened to you and explain your legal options.
Who investigates medical malpractice claims in Georgia?
Unlike some other type of injury cases, there’s no official state agency in Georgia that investigates medical malpractice claims. Often, if you believe that medical malpractice occurred, the insurance company for the medical professional or institution accused of malpractice will investigate your claim. It is important to understand that they have a vested interest in what happens. As a result, they’ll often search for evidence they can use to reduce or deny your claim. That’s why we can conduct our own investigation on your behalf and demand the money you deserve for your injury or illness-related expenses.
Should I talk to an insurance company if they contact me about my medical malpractice claim?
No. In many cases, many insurance companies investigating allegations of medical malpractice only care about one thing – finding evidence they can use to reduce or deny your claim. That’s why they contacted you. You’re completely within your rights to refuse to talk to them. Tell the insurance companies if they have a question about your case, they can talk to us. Our experienced medical malpractice lawyers know how to deal with insurance companies and can do so on your behalf. Your best interests come first at Kurle Justus, LLC.
Should I accept a settlement offer for my medical malpractice claim?
Another reason why insurance companies may contact you soon after you file a medical malpractice claim is to make you a settlement offer. While it might be tempting to accept their offer, it’s important to understand that once you accept their offer, you cannot ask for more money in the future. In most cases, most settlement offers don’t even come close to covering all your medical malpractice injury or illness-related expenses. That’s why we want to meet with you if you have received a settlement offer for your claim. We can help you evaluate their offer and advise you on whether we think you should accept their offer. We’re simply here to help you.
How much is my medical malpractice claim worth?
There’s no set dollar amount when it comes to medical malpractice claims or specific injuries or illnesses. Each one is unique. Some claims might be worth thousands of dollars. Others might end up being worth millions. That’s why it’s important to discuss your potential legal case with a medical malpractice lawyer as soon as possible.
What kind of compensation can I recover for medical malpractice?
In general, you can and should be compensated for all your expenses related to your medical malpractice case, not just immediately after you sustained an injury or illness. This compensation can and should cover any related expenses for the rest of your life. This may include:
- Emergency medical care
- Follow-up medical care
- Surgical procedures
- Follow-up surgical procedures
- Long-term medical care
- In-home medical care
- Modifications to your home due to a permanent disability
- Lost income during recovery
- Lost future income if you cannot return to work
- Pain and suffering in certain circumstances
Can I file a medical malpractice lawsuit in Georgia?
Yes. You have the right to file a lawsuit in Georgia for medical malpractice if you believe a medical professional harmed you due to their reckless or negligent actions. It’s important to remember the complex nature of these cases, however. If you do file a lawsuit, be prepared for the medical professional or hospital to hire a team of attorneys to defend its actions. Fortunately, you don’t have to take them on alone. We can help you level the playing field and mount a strong legal battle in support of your medical malpractice claim.
Who can file a medical malpractice claim in Georgia?
Along with yourself, immediate family members (husband, wife, children) can file a medical malpractice claim in most cases in Georgia. The same is true if a loved one died due to medical malpractice. Immediate family members can file a wrongful death medical malpractice claim in most cases under Georgia law.
Who can I sue for medical malpractice?
Each medical malpractice case is different, but in general, you or your family can file a medical malpractice lawsuit against those responsible for the injury or illness. This may include:
- Specific medical professionals (doctors, surgeons, anesthesiologists, etc.)
- Medical institutions (hospitals, urgent care centers, etc.)
In general, if someone caused your injury or illness due to negligence, you could file a medical malpractice lawsuit against them.
Is there a deadline for taking legal action in Georgia for medical malpractice?
Yes. In general, you have two years from the date of your injury or illness caused by negligence to file a medical malpractice lawsuit in Georgia. This deadline (known as the statute of limitations) might seem like a long time, but the sooner you take legal action, the stronger your legal case. That’s because the evidence often associated with medical malpractice lawsuits can disappear over time. Memories can fade. Medical professionals might move away, making them harder to reach. That’s why we want to get straight to work on your case and start investigating exactly what went wrong.
How much does a medical malpractice lawyer cost?
The cost of hiring a medical malpractice lawyer can vary, and many people believe they cannot afford it. That’s why our law firm works on a contingency fee basis. This means you won’t pay any legal fees unless we successfully recover compensation for you. We believe that everyone deserves access to quality legal representation without the burden of upfront costs. Our goal is to support you in seeking justice while ensuring you can focus on your recovery.
Why should I hire a Georgia medical malpractice lawyer?
There are so many reasons why you should hire a Georgia medical malpractice attorney. It is important to understand that a good lawyer puts your best interests first. That’s our approach. We work this way because we believe our clients’ best interests should always come first. As your attorney, we will work tirelessly to make sure your injury or illness receives the attention it rightfully deserves. You do not have to suffer in silence. We can be your voice for justice and demand the compensation you and your family deserve.