Atlanta Medical Malpractice Lawyer

If you were harmed during or by a medical procedure, you may believe it was due to negligence.

Continue Reading

Your story begins with a free, no-risk consultation. Call (404) 419-6674 today, or fill out the online form below.

Intro script graphic

People place a great deal of trust in medical professionals. That’s understandable because our lives are in their hands. Because of our trust and belief that they will know what is wrong and what to do, we go to our general practitioner and specialists for help. We take our children to the pediatrician and the emergency room. We regularly schedule dental visits, crowns, and root canals. We do all of this with the expectation that these medical professionals know what they are doing and will treat us with the highest standard of care they can provide. Unfortunately, you may have recently learned that this is not always the case.

If you were harmed during or by a medical procedure, you may believe it was due to negligence. In this situation, the best thing to do is call an Atlanta medical malpractice lawyer from Allen & Scofield Injury Lawyers, LLC. With over 33 years of experience helping individuals in similar circumstances, our Atlanta personal injury lawyers have the knowledge and skills you need to move forward with medical malpractice claims.

Contact us through our online form or call (404) 419-6674 to request an appointment. We offer free consultations so you can learn about your rights and legal options. If it appears that you may have a valid medical malpractice claim, we will explain the next best steps and how we may secure compensation for you.

What Is Medical Malpractice?

Medical malpractice occurs when a physician or other healthcare provider carelessly or intentionally fails to provide a patient with the appropriate standard of care. To be clear, a doctor doesn’t commit malpractice every time his or her opinion is wrong. Similarly, the mere fact that you suffered an adverse side effect from a surgical procedure doesn’t mean the doctor committed malpractice. Medicine is not an absolute science. Physicians often do the best they can with the knowledge they have. However, their diagnoses or treatment may not be the right one. Additionally, almost all medical treatments have potential risks. So, long as these possible side effects are explained to you, and you or your family members agree to the procedure, then it is typically not malpractice.

However, there are many situations when something goes wrong, and it is not an innocent mistake or a matter of discretion. Physicians, nurses, pharmacists, dentists, and other healthcare professionals do not always treat you with the standard of care. They may be careless or reckless in treating you, or they may intentionally disregard your best interests, which can lead to your being injured.

If you believe your condition worsened or you suffered a new injury because of a medical provider’s negligence, contact an Atlanta medical malpractice attorney right away. Medical malpractice cases are complex, and you will benefit from having an experienced and skilled lawyer by your side. An attorney will investigate the incident, determine liability, and obtain the evidence and expert witnesses you need to pursue compensation.

Georgia’s Medical Standard of Care

To obtain compensation in a medical malpractice case, you must be able to prove that the medical provider failed to uphold Georgia’s medical standard of care. According to the Georgia Code §51-1-27, the standard of care is:

“A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill.”

Therefore, your doctor, dentist, pharmacist, or other medical provider must treat you with a reasonable degree of care and skill. To determine if they failed to do this, you should speak with our medical malpractice lawyers. We will obtain medical experts who can testify in court regarding your provider’s conduct and whether it violated the standard of care when compared to other similar physicians’ actions and standards utilized within the medical community relevant to your situation.

Common Medical Malpractice Claims

Negligent care can occur in situations and in relation to all types of injuries and conditions. At Allen & Scofield Injury Lawyers, LLC, we’ve seen it all. Whether you are suffering injuries due to a catastrophic surgical error or your physician’s negligence delayed your diagnosis or caused your condition to worsen severely, we can help. We are here to listen to your story and address your concerns. We will investigate what happened to determine if you have a strong medical malpractice case. If so, we will explain what it will take to recover damages.

Our malpractice lawyers are highly experienced in handling cases regarding:

Learn More About Allen & Scofield Injury Lawyers, LLC

About the firm script graphic About the Firm

$6 million settlement for a brain injury secondary to failure to properly treat pancreatitis

$2.5 million for a child that suffered cerebral palsy due to the physician failing to perform a timely C-section

$2.2 million settlement for paralysis resulting from a failure to diagnose and treat Cauda Equina Syndrome by a physiatrist (Physical Medicine and Rehabilitation specialist)

Suing for Medical Negligence

Filing a medical malpractice lawsuit is complicated. To begin, you need considerable evidence regarding the medical care you received. This means that an attorney must obtain all your medical records and review them. Without this, there is no way to show that the treatment you received violated Georgia’s medical standard of care. You also must have evidence demonstrating that you suffered an injury. Without a clear injury, you cannot obtain compensation. You should speak with a medical malpractice attorney about what you need to establish a case and how to obtain the evidence.

Georgia also requires you to file an expert affidavit along with your lawsuit. You must be able to obtain an affidavit from a relevant medical expert who is qualified to testify in court under Georgia law. The expert must be able to provide testimony or other evidence that your provider committed at least one negligent act. Our medical neglect lawyers have handled many malpractice cases. We will explain the affidavit requirement and obtain the appropriate expert for your case.

Medical Malpractice Compensation

By filing a medical malpractice claim, you may pursue compensation for:

  • Lost wages and diminished earning capacity
  • Past, present, and future medical costs
  • Pain and suffering
  • Permanent disability or disfigurement

It can be difficult to calculate your damages after a harmful medical procedure, which is why it is always best to speak with a medical malpractice attorney in Atlanta, GA. We will thoroughly document your economic damages, including all the expenses you incurred and the compensation you lost. We will also evaluate your non-economic injuries, which include your physical pain and mental anguish. Through our years of experience and legal research, we can determine the potential value of your specific injuries beyond your medical bills and lost wages.

Medical care is often essential and life-saving. In turn, medical negligence may be deadly. One mistake during a surgical procedure could be fatal. If you recently lost a parent, spouse, or child and you believe it was because of inadequate medical care, contact an Atlanta medical malpractice lawyer to discuss your options, which may result in a wrongful death claim.

After losing a loved one due to medical malpractice, we can explain how to obtain compensation, including:

  • Loss of companionship
  • Mental anguish
  • Loss of guidance and nurturing
  • Funeral and burial expenses
  • Loss of benefits
★★★★★
"Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
Read more testimonials

Time Limits for Filing a Medical Malpractice Claim

The medical malpractice statute of limitations is an important aspect of your claim. You must file your claim promptly. Otherwise, you lose your right to obtain compensation. Under Georgia law, unless you fit into an exception, you have two years from the date of your injury – or the date you discover your injury – to file a claim.

There are many situations during which you may not find out about your injury, and that it may have been the result of negligence, until years or months later. The clock does not start running on the statute of limitations until you discover or reasonably should have discovered your injury. However, Georgia law does set out an overall five-year deadline for medical malpractice lawsuits. This is known as the statute of repose.

Contact Medical Malpractice Lawyers in Atlanta, GA

It’s devastating to be injured by a medical provider or healthcare facility you trusted. To add to your trauma, you may now require more medical care. You may be left with a disfigurement or disability. Your medical provider’s negligent act may follow you through the rest of your life. You deserve to be compensated for the harms they caused.

At Allen & Scofield Injury Lawyers, LLC, we are here to listen to your story and to fight to hold the medical provider or facility responsible. We will thoroughly investigate your claim, gather evidence, and pursue compensation on your behalf. It will be our goal to make sure your story counts and that it doesn’t slip through the cracks.

We represent individuals throughout Atlanta, Fulton County, DeKalb County, Clayton County, Gwinnett County, and Cobb County, and the rest of Georgia.

To learn more about how we can help, call (404) 419-6674 or submit your information through our online form. We will contact you as soon as possible to schedule a free, no-risk consultation.