How Do I Know If My Injury Constitutes Medical Malpractice?
The injured party has the burden of proving that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. That means the health care provider failed to act as a reasonably prudent health care provider in Georgia would under similar circumstances. The injured patient must then prove that the health care provider`s breach of the standard of care was a proximate cause of the injuries to the patient. In other words, there must be a close connection between the action of the doctor and the harm to the patient. Likewise, a hospital owes their patients a duty of ordinary care to provide equipment and facilities reasonably suited to the intended uses and such as are in general use in similar hospitals under similar circumstances. Expert testimony is generally necessary to prove a deviation of the standard of care under the facts and circumstances applicable to the patient`s condition.
It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. In fact, a medical malpractice complaint must generally contain an affidavit of an expert stating that the facts justify a claim of negligence. The complaint is subject to dismissal for failure to file the affidavit in a timely manner. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- What Happens If I Am Injured In The Course Of Medical Treatment?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- What Damages Can Be Recovered For Medical Malpractice?
- Will We Have To Go To Arbitration?
- What Is The Collateral Source Rule?
- What About Contributory Or Comparative Negligence?
- Is Expert Testimony Required?
- What About Joint And Several Liability?
- Are There Patient Compensation Funds And Physician Insurance?
- Are Periodic Payments Required?
- Is Pre-Judgment Interest Required?
- What Is Vicarious Liability?