Medical Malpractice
Medical malpractice suits are often very complex and difficult to win because there are three criteria that must be met to prove malpractice:
1. Negligent action from the healthcare company, which
2. Results in injury, and
3. If the healthcare company falls below the accepted standard.
First, we must prove the doctor or other medical professional was negligent and that carelessness resulted in harm or injury. It could be an error in diagnosis, treatment or illness management. But in addition to harm, those actions must have deviated from generally accepted standards of practice.
The law says, if a doctor does all that “other” doctors would do under the same circumstances, but misses the diagnosis anyway, the doctor is not liable. If, on the other hand, a doctor does not do all that is required and misses the diagnosis, then the doctor has fallen “below” the accepted medical standard.
When to Seek an Attorney
Hospitals and healthcare companies have teams of attorneys who immediately review cases which may lead to malpractice. In Georgia, there is a two year limitation on bringing a lawsuit from the time of the injury. It is important that you seek counsel as soon as possible to protect your rights and your case.
When you consult with Singleton & Singleton LLC about medical malpractice, we will ask you several questions such as: “What was your experience from the first time you visited your doctor through your last contact? What were the circumstances? How did your doctor treat you? Did you follow your doctor's instructions? What happened next?” Answers to these and other relevant questions become important in your case if you believe your doctor may have committed malpractice.
The bottom line is that a bad result does not necessarily mean malpractice. Medical science is not perfect, and cannot catch every detail in time. Until perfection comes along, the best we can expect is medical care that meets the standard.
