Explainer: A Comprehensive Guide On How To Handle An Atlanta Medical Malpractice Lawsuit
Did you know that when seeking treatment from a medical professional or care in a medical facility you are entitled to receive quality care in a safe environment? Though you have a right to quality care in medical facilities, sometimes these facilities offer treatment and care that is below the acceptable standards.
If you receive low-quality care that leads to injury, exacerbation of your current condition, you are abused or face neglect in a medical facility or at the hands of a physician, you can file a medical malpractice lawsuit with the assistance of one of our highly skilled attorneys at the law firm of Kenneth S. Nugent, P.C.
A malpractice lawsuit will help you get justice from the facility or medical professional who acted negligently and provided substandard care that led to your injuries, suffering, and loss.
When Should I Consult a Medical Malpractice Law Firm?
At the law offices of Kenneth S. Nugent, P.C., we advise all victims who feel that they have suffered malpractice at the hands of medical professionals to call us for a consultation as soon as the malpractice incident happens. Filing a malpractice suit is an arduous process and there is a lot of preparation required before a case can be filed in a court of law.
To file a case that has high chances of success, our lawyers have to first carefully evaluate your case and identify all the parties who can be held liable. We then have to diligently collect all the requisite evidence in your case, find reputable expert witnesses who will testify on your behalf, and craft a formidable case that we then have to file in court so that the process of getting you justice and fair compensation can start.
Kenneth S. Nugent, P.C.
1355 Peachtree St NW #1000, Atlanta, GA 30309
It is also worth noting that the state of Georgia has a statute of limitations for the filing of malpractice cases. If you or a loved one falls victim to medical malpractice that leads to injuries or wrongful death, then you have to file your case within 2 years from the date of injury. Further, you can only file a medical malpractice case in Atlanta before 5 years elapse from the date when a medical caregiver performs an act of malpractice.
Because of the tight deadlines for filing malpractice cases in Atlanta and the high volume of work and effort that goes into crafting a strong malpractice suit, it is best that you contact our malpractice lawyers as soon as possible. The sooner you get in touch with our highly skilled and experienced Kenneth S. Nugent, P.C. malpractice attorneys, the sooner we can hit the ground running in fighting to get you justice and compensation.
How Much Compensation Will I Get from My Atlanta Medical Malpractice Lawsuit?
The number of damages that you receive on filing a lawsuit against a medical professional will depend on several factors. Generally, the total compensation awarded in a medical malpractice lawsuit usually depends on the specifics of the case. To get a better understanding of the number of damages that you may receive, it is best that you talk to one of our lawyers. It is only after reviewing and examining the facts surrounding your case that our attorneys can come up with a tentative compensation figure.
On filing a medical malpractice case in Atlanta, it will be up to the presiding jury to decide the total amount that you should receive for your injuries and loss. In Atlanta, the total compensation awarded to a victim of medical malpractice usually includes:
• Punitive damages
This is compensation awarded against the at-fault medical professional or care facility to deter them from repeating what they did in your case to another patient.
• Actual damages
This is compensation for all the financial losses or expenses that you accrue as a result of the negligent actions or omissions by a medical caregiver. They can include treatment costs, lost wages, and expected medical costs.
• Non-financial damages
This is compensation awarded for intangible losses that you suffer as a result of a malpractice incident. When determining the non-financial damages owed to you, the jury will take into account your pain, suffering, mental anguish, and trauma.
How Long Will It Take for My Case to Be Resolved?
The time is taken to resolve a medical malpractice lawsuit usually depends on the nature of the case. The period that it takes to settle your case will depend on the complexity of the malpractice actions, your injuries, and other factors. Some cases get settled fairly quickly while others can take years. However, no matter the complexity of your case, you can rest assured that our medical malpractice lawyers will work around the clock to ensure that you get justice and compensation. Throughout the duration of your case, our empathetic and skilled lawyers will be with you every step of the way.
Should I Deal with The Insurance Company Representing the Caregiver I Am Suing?
It is important that you remember that it is the duty of insurance companies to pay out as little as possible to people who sue their clients. On making it known that you plan to sue a medical professional who knows that they are guilty of medical malpractice, you are likely to be approached by their insurance company as soon as possible with a compensation offer. Should this happen, it is a sign that you have a strong malpractice case.
NEVER talk about your case OR accept any compensation offer from an insurance company or the at-fault medical caregiver without consulting your attorney. This is because the first offer that insurance companies give victims of malpractice is usually lower than what they actually deserve. When giving the first settlement offer, insurance companies tend to take advantage of your financial woes and naivety in calculating the appropriate damages you should receive to short-change you. Additionally, if you give any information about your case to the insurance company, they can use it later against you should your case go before a court of law.
Ideally, you should let one of our Kenneth S. Nugent, P.C. medical malpractice lawyers act as an intermediary between you and the at-fault medical professional and their insurer. Our attorneys have a wealth of experience in dealing with insurance companies and we will negotiate on your behalf to ensure that you are offered compensation that is sufficient for all your injuries and suffering.
In Which Instances Can I File a Medical Malpractice Suit Against a Medical Caregiver in Atlanta?
You can file a lawsuit against any care facility that fails to offer care that is up to par with the acceptable standards in Atlanta Georgia. Care facilities have a responsibility to provide a conducive treatment environment to all their patients. This means that if you face abuse or neglect while in a care center of medical facility you can sue for compensation.
Additionally, if the medical professionals charged with offering you treatment and care act negligently or fail to act and as a result you sustain injuries or harm, you can sue the professionals for compensation. Below are some of the most common scenarios when you may file a medical malpractice suit in Atlanta.
1. Emergency Room Errors & Medical Center Errors
You can sue a care facility if the center has systemic issues that expose you to the risk of harm. Some of the most common systemic problems in care facilities include:
• Improper protocol in the handling of patients
• Long unattended queues in the emergency room
• Use of unsanitary equipment that leads to infections
2. Pharmacy Errors
When you visit a pharmacy in a hospital, it is the duty of the pharmacist to ensure that they give you the proper medication and dosage instructions. Should a pharmacist provide you with the wrong drugs or dosage information, they are putting you at risk and you can hold them accountable and seek compensation.
3. Birth Problems
When assisting a pregnant woman to give birth, the attending physicians have a responsibility to ensure that both the mother and baby are alright. If the baby is mishandled or the mother develops complications because of the negligence of the attending physicians, the victim can sue for malpractice and claim damages.
You can sue medical professionals if any of the following scenarios occur:
• Improper tests are carried out on you
• The attending physician fails to diagnose disease on time
• The doctor fails to listen and communicate properly during diagnosis
• If the medical results are misinterpreted
• If there is a misdiagnosis
• If you are exposed to the wrong treatment procedures or medication because of misdiagnosis
5. Malfunctioning Medical Devices
As a patient, it is your right to receive treatment with fully functional and approved medical devices. Use of the wrong or faulty devices during diagnosis of treatment can result in further medical complications and even death! You can sue for malpractice if:
• You are treated with defective equipment
• You are treated without being informed that the equipment being used can expose you to certain complications or side-effects
6. Anesthesia Mishaps
Improper anesthesia procedures can lead to more health complications and pain. You can sue for compensation for certain anesthesia mishaps like:
• Use of faulty equipment
• Use of the wrong anesthetic
• Use of anesthesia medication that you are allergic to
• Use of different anesthetic drugs that react negatively when combined
• Failure to monitor anesthesia machines and the status of the patient
7. Surgical Errors
It is the duty of attending doctors during a surgical operation to carry out the operation according to the recommended procedure. Additionally, after surgery, medical professionals have a duty to monitor your condition with a view of ensuring that no complications arise post-surgery. You can sue medical caregivers in any of the following scenarios:
• A surgical procedure is carried out without your consent
• You are not informed how a procedure will be carried out and any possible side-effects
• Your doctors fail to provide proper wound care and complications such as blood clots, necrosis, and bacterial infections arise
• Doctors fail to provide medication to treat and prevent infections
There are very many other instances and scenarios when you can lodge a medical malpractice suit against medical caregivers. If you believe that you are a victim of malpractice acts by a care facility or a medical professional, we urge you to contact one of our skilled malpractice lawyers immediately. We will review the facts in your case, help in identifying the liable parties, and create a formidable malpractice suit to help you get the justice and compensation that is owed to you.
Contact Our Top Atlanta Medical Malpractice Lawyers Today!
Crafting a malpractice case and successfully arguing for compensation in a malpractice suit is no mean feat. However, this should not discourage you from pursuing the compensation and justice that is owed to you. At the law firm of Kenneth S. Nugent, P.C., we believe that you should get the compensation that is owed to you as soon as possible. With us fighting on your corner, you can be sure that the at-fault care medical facility or medical practitioner will be held accountable for their negligence. Call our highly skilled and acclaimed Atlanta medical malpractice lawyers through (404) 885-1983 and let us use our extensive knowledge in malpractice suits to get you justice and fair compensation today.
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