Experienced Medical Malpractice Legal Team In Atlanta
Healthcare professionals and doctors are required to provide high standards of care. If you experience an injury that they have caused while you are under the care of one of these health professionals, you should speak to a medical malpractice lawyer at Kenneth S. Nugent, P.C. law firm in order to discuss the different options available to you. Before meeting with one of our attorneys, here is more information on what you can expect from us.
What Does An Atlanta Medical Malpractice Lawyer Do?
Medical malpractice lawyers will guide you through the processes of either a settlement deal or a lawsuit if you are now disabled or injury caused by negligence on the doctor’s part or any other healthcare professional or staff. A medical malpractice lawyer can also defend doctors that have been accused of negligence.
Kenneth S. Nugent, P.C.
1355 Peachtree St NW #1000, Atlanta, GA 30309
How Will You Know When You Need A Medical Malpractice Attorney?
You will require the services of a medical malpractice lawyer if:
- Your doctor failed to diagnose a disease or injury
- You have sustained an injury in surgery
- Caught an infection while in a doctor’s office or inside a hospital
- Your doctor administered the incorrect prescriptions
- Had anesthesia that was applied incorrectly
- You were not informed of the possible consequences or risks
These are just a few of the more common reasons that result in medical malpractice cases, yet these are not the only type of negligent actions which lead to these cases. If you are unsure whether your unique case actually constitutes malpractice, speak to one of our medical malpractice attorneys in Atlanta to find out whether you have a case or not.
What Can You Expect From Working With Out Medical Malpractice Attorneys?
If you are able to provide evidence that a healthcare professional or doctor is to blame for injuries you have sustained, you can file a claim for compensation for lost wages and your medical bills. This either occurs with a judge in a court or settling the case before it goes to court through negotiations that will occur between your lawyer and the at-fault party’s lawyer.
Medical Malpractice Examples
Patients can become a victim of medical malpractice for a variety of different reasons. Here are a few of the common examples.
- Anesthesia Errors
Errors arising from anesthesia are one of the medical areas where patients may suffer significantly from the negligence of a doctor or a medical professional. The anesthesia types include general, regional, and local. Each type is used for different circumstances. They also carry different types of possible complications. A very serious complication of one of the anesthesia errors is known as “anesthesia awareness”, where the patient wakes up during the surgery and is able to feel and see the surgery that is going on.
In general, when anesthesia was used incorrectly, which has resulted in the patient dying or sustaining injuries, the professional that was negligent can become liable for the damages that have resulted. If you have suffered from an anesthesia error, you can claim compensation for both emotional and physical injuries.
- Emergency Room Errors
Even though an emergency room is usually rushed and hectic, the medical professional must still uphold the highest standards of care when it comes to their patients. In some cases, negligence by nurses, doctors, along other staff members on a medical team can result in debilitating and serious injuries. If an error has occurred in an ER, you can file a lawsuit in order to recover for the losses you have incurred due to your injuries.
Common errors in an emergency room include:
- Failing to diagnose cardiac issues which may result in something serious such as a heart attack
- Misreading x-rays, test results, or charts
- Making a medication error (you suffer from adverse reactions to the incorrect drugs)
- Delaying or misdiagnosing a diagnosis
- Failing to treat or recognize a postoperative infection
- Failing to monitor the post-treatment of the patient
- Hospital Malpractice
In some cases, a hospital where a patient sustained injuries can be sued in what is known as a “hospital negligence lawsuit”.
- Hospital Vicarious Liability
Hospitals may become vicariously liable when it comes to an injury that was the direct result of negligence caused by one of the employees, which includes nurses and technicians. This is because the hospital is an employer that needs to adhere to a duty-of-care to supervise and direct their workers. This is a liability that includes the negligence of an employee, along with systematic issues in the hospital which can include infection that is acquired from the use of unclean instruments or waiting times that are unreasonably long in an ER (emergency room).
However, hospitals are usually not held liable when it comes to the negligent actions of an independent contractor. Most of the doctors and specialists are not employees at hospitals but are rather employed by hospitals on a “freelance” basis while operating their own practices privately. A hospital may become liable for a case of negligence for actions of independent contractors if it is discovered that the doctor lacks the required experience, or they are under-qualified.
- Medical Device Errors
Even though the medical devices will often be used to frequently treat, diagnose, or even prevent disease, in some cases their misuse or failure can lead to the death of or serious injuries to that patient.
The three main defect types in medical devices that can result in injuries and cause a manufacturer to become liable include inadequate warnings, design defects, and manufacturing defects. With any of these issues, the creator of the device can become liable if the defect has resulted in death or injury.
Another common cause of medical malpractice is when a medical professional misuses a medical device. When incorrect training, recklessness, inadequate knowledge, or negligence occurs when using either a medical device or instrument has resulted in the death or injuries to a patient, the doctor that was misusing the instrument might become liable.
- Delayed Diagnosis Or Misdiagnosis
Failing to diagnose diseases or illnesses correctly often has an effect that is devastating on patients and their families. The injuries that arise from a delayed diagnosis or medical misdiagnosis, can result in leaving a patient with pain that is debilitating along with long-lasting physical impairments or even result in a fatality.
The conditions that are commonly misdiagnosed include brain tumors, ovarian cancer, lung cancer, prostate cancer, breast cancer, appendicitis, infections, vascular diseases, and ectopic pregnancies.
Types Of Damages In Medical Malpractice Cases
Damages are usually awarded in order to compensate an injured patient in association with the harm that has resulted from the negligence of a medical professional. Here at Kenneth S. Nugent, P.C. we are here to help you understand that these damages which are known as compensatory medical malpractice are designed to make you “whole” again, along with providing financial compensation when it comes to non-economic and economic losses.
The economic losses which are also called “actual damages” that you may be able to claim include:
- Medical Expenses
These are the damages that cover the costs associated with doctor’s visits, hospital stays, prescription drugs, physical therapy, assistive devices, and other similar expenses. If your injury is permanent or severe, you might also receive compensation for your medical expenses in the future.
- Loss Of Wages
If you have had to take time off work in order to recover from a medical malpractice injury, our lawyers will fight for you, so that you are awarded for loss of wages.
- Loss Of Earning Capacity
If you are no longer able to earn the same income that you did before your accident, you can claim for this loss.
- Pain And Suffering
The damages from medical malpractice for suffering and pain will compensate you for the pain you are experiencing on a physical level from your injuries. There are damages that also include rewarding you for your emotional distress, which includes frustration, depression, fear, anxiety, and mental suffering, which has resulted from your medical malpractice injuries.
- Loss Of Consortium
The spouse that has survived can also claim compensation for aspects such as loss of companionship, aid, and assistance of her or his loved one when a wrongful death has arisen from medical malpractice. The surviving parent or parents can also claim compensation for losing the companionship, affection, and love of their minor child due to wrongful death. At the same time, children that are still minors can also receive an award for losing things like companionship, aid, and assistance of a parent due to wrongful death.
- Other Damages
There are also other types of damages that become available for specific situations, which include compensation for disfigurement or disability, losing parental support, loss of enjoying life, and loving companionship. When a doctor, nurse, or other types of medical professionals act out of gross negligence, which means their conduct happened to be malicious or willful, you may be able to claim punitive damages. The punitive damages for medical malpractice aim to punish a defendant and to encourage others not to become involved in this type of conduct.
Trust The Kenneth S. Nugent, P.C. Team With Your Claim
Insurance companies are all about making as much money as possible. Denying claims is one of the easiest ways for them to carry on raking in the cash. They also have claims adjusters who are highly persuasive to try and make you think that your claims are not as valuable as you think and that you should quickly settle or you might receive a lower payout.
Here at Kenneth S. Nugent, P.C., our team is here to provide you with the best way forward. Here is how we can help you receive the compensation that you deserve from your medical malpractice case:
- We work alongside the top medical experts in the field. They offer insightful opinions associated with the care you are receiving and they might even dispute a claim that was made by the doctor that was treating you.
- We will cover your legal costs until the case is resolved.
- We will assist you in making sure you are receiving the treatment that you deserve from well-respected health professionals.
If you reside in Atlanta and you have become a victim of medical malpractice which includes abuse in a nursing home, hospital errors, or a doctor’s error, one of our experienced Atlanta Medical Malpractice lawyers is here to start helping you with your claim today.