The latest news on the Healthcare Bill is that a federal judge recently struck the whole thing down as unconstitutional on Monday. The judge did not, however, enjoin the federal government from continuing to enact the law. The Justice Department is going to appeal, and the case will likely be…
Atlanta medical malpractice lawyers and doctors have not exactly been unaware of the fact that hospital errors spike substantially in the month of July. There is even a name for this phenomenon, and it’s called the July Effect. Studies conducted earlier have shown a substantial increase in medication errors in…
The Georgia Supreme Court unanimously set aside a Georgia law that limited the amount of money a jury could award to victims of medical malpractice. No longer will those injured by medical negligence in Georgia be subjected to the $350,000 cap on pain and suffering set be the Georgia legislator.…
In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first three elements of this type of case i.e, duty, breach and causation. If a doctor treats a patient, a doctor- patient relationship exists. Once the relationship exists, the doctor has the duty to…
In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first two elements of this type of case i.e, duty and breach. As discussed in previous posts, duty is satisfied by the existence of the doctor-client relationship and breach is proven when the…
In previous articles, we have discussed the general overview of a Georgia Medical Malpractice Case and the first element of this type of case i.e, duty. Duty is, most times established by the doctor-patient relationship and is rarely contested at the trial of a medical malpractice case in Georgia. Today…
The first element of a Georgia medical malpractice claim is duty. More specifically, “duty” means a legal obligation to conform to a standard of conduct or standard of care. Of all the elements we will discuss, this is often the easiest to prove. If a doctor treats a patient, a…
Generally speaking, medical malpractice cases in Georgia are governed by the same basic principles as other negligence cases, with a few added requirements. In fact, while the term, “medical malpractice” is widely used and accepted by lawyers and non-lawyers alike, “medical negligence” is perhaps a better term because it more…
As an Atlanta attorney who has handled many medical malpractice cases, I receive many calls from potential clients and referring attorneys regarding medical malpractice claims. Evaluating these cases is a “necessary evil” of our practice. Most callers report horrible injuries such as loss of limb, death of the patient or…