When Does a Medical Mistake Constitute Medical Malpractice?

When dealing with the consequences of a medical mistake, one of the most important questions you need to have answered is whether the mistake rises to the level of medical malpractice. While not all medical mistakes constitute medical malpractice, those that do can entitle patients and their families to significant compensation for their expenses, lost income, and other financial and non-financial losses.

So, when does a medical mistake constitute medical malpractice?

In Georgia, as in other states, establishing a medical malpractice claim requires proof of a few specific “elements.” Under Georgia law, a medical mistake constitutes medical malpractice if the following three elements are satisfied:

• The Doctor Owed a Duty of Care – As a general rule, doctors owe a duty of care to their patients. As a result, this element of a medical malpractice claim will be satisfied in the vast majority of scenarios. But, outside of the medical setting and in certain other scenarios, the duty of care may not necessarily apply.

• The Doctor Breached His or Her Duty of Care – Next, proving a medical malpractice claim requires proof that the doctor breached his or her duty of care. In some circumstances, medical mistakes will be justified. For example, in a life-or-death emergency, doctors may need to act on limited information, and if they make the wrong decision, their mistakes might not rise to the level of medical malpractice. However, in most diagnostic and treatment scenarios, doctors will have the time and resources they need to provide an adequate level of care.

• The Breach Resulted in Harm to the Patient – Finally, if a doctor breaches his or her duty of care, the breach must result in harm to the patient. This harm could be in the form of delayed treatment, physical trauma (i.e., due to a surgical error), or complications due to inadequate care. If a patient would have suffered the same harm regardless of the doctor’s mistake, then a claim is unjustified. However, if the patient’s condition would have improved with proper care, then the patient’s doctor (or other provider) deserves to be held fully accountable.

While we all expect our doctors and other healthcare providers to provide quality care, the data show that medical malpractice is alarmingly common. For example, a study conducted by Johns Hopkins Medicine found that medical errors are the third-leading cause of death in the United States. As a result, if you have concerns about the quality of care that you or a loved one received at a Georgia medical facility, you should speak with an Augusta medical malpractice lawyer as soon as possible.

Filing a Medical Malpractice Claim in Georgia

When you contact an Augusta medical malpractice lawyer, your lawyer will carefully evaluate your case and provide a preliminary assessment of your legal rights. If it appears that you may have a medical malpractice claim, your lawyer will then conduct additional research to determine whether legal action is warranted. From this point, the steps involved in filing a medical malpractice claim typically include:

#1: Obtaining an Expert’s Affidavit

Under Georgia’s medical malpractice law, one of the first steps toward filing a claim is to obtain an expert’s affidavit. The law states that when filing a claim, the patient or the patient’s family “shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.”

This, essentially, is a third-party opinion regarding the validity of your medical malpractice claim. Your Augusta medical malpractice lawyer will be able to engage a qualified expert on your behalf and work with the expert to obtain an affidavit in support of your claim.

#2: Dealing with Your Healthcare Provider’s Insurer

Once your lawyer obtains an expert’s affidavit, your lawyer will deal with your healthcare provider’s insurer. Virtually all healthcare providers have medical malpractice insurance that covers them when they make costly mistakes. Your lawyer will deal with the insurance company on your behalf, keeping you updated and informed throughout the process.

#3: Calculating the Long-Term Costs of the Malpractice

When you have a medical malpractice claim, it is up to you to make sure you are seeking the financial compensation you deserve. Your Augusta medical malpractice lawyer can assist with this as well. Your lawyer can work with your doctors to calculate the long-term costs of your medical care (if relevant), and your lawyer can also calculate just compensation for your loss of income and other out-of-pocket losses.

#4: Calculating Just Compensation for Your (or Your Family’s) Non-Financial Losses

Whether you have a claim for a non-fatal medical mistake or a claim for wrongful death, you are entitled to just compensation for certain non-financial losses as well. Here, too, having an experienced Augusta medical malpractice lawyer on your side is critical. An experienced lawyer will not only be able to calculate just compensation for these losses, but also collect the evidence needed to prove these losses to your (or your loved one’s) healthcare provider’s insurance company.

#5: Negotiating a Settlement or Going to Court if Necessary

Finally, with evidence of both liability and loss, your lawyer can negotiate for a favorable settlement on your behalf. The substantial majority of successful medical malpractice claims settle out of court. But, if a fair settlement isn’t on the table, going to court may be your best option, so you will need to make sure you choose a lawyer who is prepared to fight for just compensation at trial if necessary.

Getting the Help You Need from an Experienced Augusta Medical Malpractice Lawyer

As you can see, one of the most important steps you can take is hiring an experienced lawyer to represent you. Augusta medical malpractice lawyer Keith B. Johnson has well over a decade of experience, and he will rely on his experience to help you. It costs nothing to find out if you have a claim; and, if you do, you won’t have to pay anything unless Keith helps you recover just compensation.