As an experienced Atlanta medical malpractice attorney, I know that there are many different forms of medical malpractice.
The five most common forms of medical malpractice are:
1) Sub-Standard Care: when the medical care received falls below the level of skill, expertise, and care practiced by other physicians in the same or similar community under similar circumstances (e.g. the doctor makes a mistake in surgery).
2) Bad Diagnosis: when a doctor delays or fails to diagnose a condition or disease or treats a patient for a condition or disease he or she does not have. These cases are actionable if the doctor’s mistake has resulted in injury or the progression of a disease beyond that which would have resulted from a timely diagnosis or if the unnecessary treatment or medication has harmed the patient.
3) Bad Treatment: when a doctor correctly diagnoses the patient’s condition but either fails to treat the problem entirely, dismissing the presenting symptoms as temporary or minor, or fails to treat the problem properly (e.g. attempting a less successful novel treatment in place of a more conventional one).
4) Unauthorized Treatment: when a doctor in a non-emergency situation fails to obtain informed consent from the patient or patient’s family member. Virtually all states now require doctors to provide patients with information about their medical conditions, prognosis, treatment choices, and the risks of each treatment option. The information must be in plain language that can be readily understood and sufficient to allow patients to make an informed decision about his or her medical care. A doctor who fails to obtain informed consent may be charged with a civil fine or criminal offense such as “battery,” or may be at risk for a medical malpractice suit. However, for a plaintiff to prevail in a medical malpractice suit, she must be able to show that she would not have opted for the treatment or procedure had she known of the risk that was not disclosed.
5) Breach of Doctor-Patient Confidentiality
If you feel that you have been the victim of medical malpractice and wish to sue, you should know that the doctor who has been negligent may not the only potential defendant. The hospital where the doctor is employed or the private medical partnership to which the doctor belongs may be vicariously liable for the doctor’s negligence.
Unfortunately, you should also know that in medical malpractice cases, the burden on the plaintiff to show that the doctor has behaved negligently is extremely high. This means that not all instances of medical malpractice are actionable, even if the plaintiff’s have suffered serious damages. To find out whether your medical malpractice claim is likely to be successful, contact an experienced Atlanta Medical Malpractice Lawyer.
To be sure, simply because there was a bad medical outcome, does not mean that your injuries were caused by malpractice. However, if you or a family member has suffered a catastrophic and permanent injury and wish to have your case evaluated by an experienced Atlanta medical malpractice attorney, contact us today.
Robert J. Fleming has been handling wrongful death cases, medical malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously due to suspected medical malpractice and would like discuss your case, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.