Medical Malpractice Attorney in Canton, GA
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How Our Canton Medical Malpractice Lawyers Can Help
You should be able to trust that your physician, nurses, and other healthcare providers have the necessary training, experience, and knowledge to help you when you are struggling with a severe injury or medical condition. Unfortunately, some healthcare providers fail to uphold their obligations, which results in mistakes and injuries that can be costly or fatal to their patients. You are not alone if you’ve experienced this.
You can demand justice with help from an aggressive medical malpractice attorney in Canton, GA, from The Champion Firm. Contact our Canton injury lawyers for a free consultation today at 770-874-1755 to learn more about the malpractice claims process, who could be sued for damages, and the value of your claim.
Common Malpractice Claims in Cherokee County
Medical malpractice can take many forms. Essentially, your medical malpractice attorney must show that your healthcare provider has failed to uphold their duty of care. Physicians, nurses, and any other type of healthcare practitioner have a higher burden of care than other professions.
When healthcare providers make mistakes or errors that other healthcare providers of similar training, education, and experience would not have made, the standard of care is breached. Here are some of the most common types of medical malpractice in Canton:
Failure to Diagnose
Failure to diagnose means your healthcare provider should have recognized your signs and symptoms and provided you with a diagnosis and treatment options so you could figure out your next steps. A failed diagnosis could also lead to death.
Delayed diagnosis happens when healthcare providers fail to diagnose medical conditions in a reasonable amount of time, which often leaves the condition to worsen over time. Waiting to diagnose a patient could result in death or serious injuries.
Misdiagnosis occurs when your healthcare provider fails to provide you with the correct diagnosis. You could undergo several unnecessary treatments, which could deteriorate your health while your condition remains untreated. Not only that, misdiagnosing a patient could result in death.
It is more common than you might think for surgeons to make medical mistakes, including operating on the wrong body part, performing surgery on the wrong patient, injuring a nerve or artery, and even leaving surgical instruments and tools in body cavities. Sometimes the harm can be fixed, but a surgical error could result in death or serious injuries.
When anesthesiologists make mistakes, they can cause fatal injuries. Anesthesiologists committing medical malpractice have been known to give the wrong medication dosages, administer anesthesia incorrectly, and fail to monitor patients during surgery.
Medication mistakes can happen when your healthcare provider prescribes the wrong medication dosage, or there are issues at the pharmacy. This could include failing to warn you of dangerous drug interactions or even filling your prescription with the wrong medication.
Birth injuries can happen anytime during prenatal care, labor, or delivery. When healthcare providers fail to diagnose medical conditions, treat first complications, or otherwise fail to uphold their duty of care, newborns and first mothers can suffer critical or life-threatening injuries.
Examples of birth injuries include shoulder dystocia, cephalohematoma, Erb’s palsy, cerebral palsy, broken bones, facial paralysis, and more. Birth mistakes could be fatal as well.
Medical Device Defects
Medical devices can be a useful way to treat medical conditions. However, when there are issues with these medical devices, or they become defective somehow, they can cause debilitating complications, infections, or even death.
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What Compensation is Available in Canton Malpractice Cases?
You have the right to be repaid for every loss after being victimized by medical malpractice. However, to ensure you maximize the compensation you recover, you can rely on your malpractice attorney to categorize your damages and quantify them accordingly.
There are two primary types of damages you could recoup. These include economic damages and non-economic damages.
Economic Damages in Canton Med Mal Cases
Economic damages are easily proven due to their financial nature. Examples of economic losses could include:
- Healthcare costs
- Future medical bills
- Loss of income
- Diminished earning capacity
- Loss of employee benefits
- Personal property damages
- Loss of household services
- Other out-of-pocket expenses
Non-Economic Damages in Canton Med Mal Cases
Non-economic damages do not have a fixed financial value, making determining their value more challenging. Your lawyer will quantify these losses to ensure you are compensated fairly. Examples of non-economic damages could include:
- Permanent disability
- Diminished quality of life
- Physical pain and suffering
- Emotional trauma and mental anguish
- Loss of consortium
- Disfigurement and skin scarring
What Happens if Malpractice Causes a Wrongful Death?
When medical malpractice causes a death, the victim’s family may have the right to pursue a wrongful death action against irresponsible or reckless healthcare providers. Eligible family members can seek compensation for the full value of the decedent’s life. This includes both economic damages and non-economic damages. The value of the life is viewed from the decedent’s point of view.
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How Can a Medical Malpractice Attorney Help Me?
Having a reputable personal injury attorney handle your medical malpractice case could make all the difference in the outcome. Without the necessary training and experience in handling cases like yours, you may flounder as you attempt to address the insurance company and prove the defendant's liability.
Instead, focus on recuperating from your injuries while your Canton medical malpractice attorney handles the rest. Here are some of the top benefits of choosing our personal injury attorneys at The Champion Firm:
We need to identify the liable party. In medical malpractice cases, anyone involved in your care who violated the standard of care could be liable for your injuries.
Additionally, the treatment facility, hospital, or physician’s office you attended could also share blame depending on the specific circumstances of your case. Examples of parties who could share fault for your medical malpractice injuries and damages include:
- Primary care physicians
- Nurses and certified nursing assistants
- Midwives and obstetricians
- Pharmacies and pharmacists
To successfully prove the defendant’s liability and negligence, we need to gather evidence to prove that they breached their duty of care. Examples of such evidence could include:
- Photos of your injuries
- Copies of your medical records
- Opinions from healthcare experts
- Witness testimony
- Video of the alleged medical mistake
- Copies of test results
- Other forensic evidence
When filing an insurance claim or medical malpractice lawsuit, your malpractice attorney must be able to show that your healthcare provider was negligent and liable for your damages. To do this, we must show that the elements of negligence were met as follows:
- The healthcare provider in question owed you a duty of care
- The healthcare provider made a mistake, medical error, or otherwise failed to uphold their duty of care
- The healthcare provider’s breach is the cause of your injuries in damages
- You have suffered substantial injuries or damages as a result of your healthcare provider’s medical mistake or error
Dealing with the insurance company takes a lot of work. Insurance companies lose money by paying out claims. Just because your healthcare provider has malpractice insurance does not mean they will settle your claim reasonably.
Your medical malpractice lawyer can work with the insurer on your behalf. Suppose the insurance company attempts to blame you for your injuries or makes an insultingly low settlement offer. In that case, our team of medical malpractice attorneys will advocate for you and ensure the insurance company upholds its financial obligation.
We will ensure your medical malpractice lawsuits filed for the statute of limitations expires. Under Georgia Code § 9-3-71, you only have two years from the date of the alleged medical mistake to file your claim.
If you do not become aware of your healthcare provider’s negligence until later, the statute of limitations may not be clear. Having a medical malpractice attorney working on your case could prove invaluable.
When insurance settlements are insufficient, you should be prepared to bring your malpractice lawsuit to court. Your attorney will be ready to advocate for your rights before a judge and jury. You’ll be able to focus on recovering. Your attorney will work to hold your healthcare provider accountable. You could prevent future incidents of medical malpractice.
Call a Canton Medical Malpractice Attorney Today
Mistakes in other professions may be acceptable and even encouraged for growth, but this is not true for medical professionals. Healthcare providers should be performing at the top of their game: when they make mistakes, it could be costly or deadly. The Champion Firm is ready to hear your medical malpractice case.
We have been helping clients like you face their medical malpractice situations for years. We know Georgia's laws. Our background will let us support you as you pursue compensation. As reputable medical malpractice lawyers, we are ready to help you. Call 770-874-1755 to schedule your free, no-obligation consultation.
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