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At Hampton and Hampton, our legacy of success in medical malpractice cases is built on a foundation of extensive experience. With years of dedicated practice in this highly specialized field, our seasoned medical malpractice attorneys in Atlanta, GA, bring a wealth of knowledge, insights, and a track record of delivering favorable outcomes for our clients. When you choose us, you choose a legal team with a deep understanding of the complexities inherent in medical malpractice litigation.
From the initial consultation to the final resolution, we prioritize open communication, ensuring you are informed, empowered, and supported every step of the way. We navigate your case with integrity, with our every action rooted in a commitment to fairness, justice, and your well-being.
Trust is paramount when it comes to healthcare. Unfortunately, there are instances when the trust bestowed upon medical professionals is breached, leading to what is known as medical malpractice. At Hampton and Hampton, we believe that knowledge is the first step toward justice.
Medical malpractice occurs when a healthcare professional, entrusted with your well-being, fails to meet the established standards of care, resulting in harm to the patient. It arises when the healthcare provider’s actions or omissions deviate from accepted standards of care, causing injury or death to the patient. Medical malpractice is a legal concept that holds healthcare providers accountable for professional negligence resulting in harm. This deviation from the established standards can occur in various healthcare settings, involving doctors, nurses, surgeons, or other medical practitioners.
To prove a medical malpractice claim, the plaintiff (patient) must establish the following elements:
Healthcare providers are obligated to adhere to a standard of care recognized within their profession, ensuring patient safety and well-being.
A breach happens when a healthcare professional falls short of the accepted standard, either through negligence or a failure to act when required.
Establishing a direct link between the breach of duty and the harm suffered is crucial in proving a medical malpractice case.
The patient must have suffered measurable harm – be it physical, emotional, or financial – as a direct result of the healthcare provider's negligence.
By understanding medical malpractice and your rights as a patient, you can ensure that going through any healthcare procedure is done with informed decisions and protected by accountability.
Misinterpreting test results or symptoms can lead to incorrect diagnoses or delays in identifying a medical condition, resulting in inadequate or delayed treatment.
Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure, can lead to severe complications.
Injuries to the baby or mother during childbirth due to medical negligence, improper monitoring, or mistakes made during delivery may be considered medical malpractice.
Administering the wrong medication, incorrect dosage, or mismanagement of medication regimens can cause adverse reactions or exacerbate existing health issues.
Administering incorrect anesthesia dosage or failing to monitor the patient properly during surgery can result in serious complications, including brain damage or death.
To establish a malpractice claim, it is typically necessary to demonstrate that healthcare provider’s actions deviated from the accepted standard of care and that the deviation directly resulted in harm to the patient. Consultation with a legal professional experienced in medical malpractice cases is crucial for assessing the viability of a claim.
When medical care falls short, the effects on patients and their families can be profound. At Hampton and Hampton, we recognize the personal and emotional toll that medical negligence can take.
Medical negligence can shatter the sense of trust and security that individuals place in their healthcare providers. Patients and their families often grapple with a range of emotions, including shock, anger, frustration, and profound disappointment. Also, it can disrupt the normal rhythm of daily life for both patients and their families.
Victims of medical negligence may endure not only the original health issue but also additional complications or injuries resulting from negligent care. These physical consequences can lead to prolonged suffering, extended recovery periods, and, in some cases, permanent impairment. The financial implications of medical negligence can be significant. Increased medical expenses, ongoing treatments, loss of income due to extended recovery periods, and the potential need for long-term care can place an overwhelming burden on individuals and their families.
Know the time frame dictated by state law within which a claim must be filed.
Collect essential items like medical records, witness testimony, and expert opinions to support your case.
Use the collected evidence to clearly explain how the medical professional or facility made a mistake or didn’t provide proper care.
Find the best medical malpractice lawyer in Atlanta to advocate for you and assist in your recovery—both financially and emotionally.
Approach the filing with a focus on justice and accountability for harm caused by medical negligence.
When medical care falls short, the effects on patients and their families can be profound. At Hampton and Hampton, we recognize the personal and emotional toll that medical negligence can take.
Medical negligence can shatter the sense of trust and security that individuals place in their healthcare providers. Patients and their families often grapple with a range of emotions, including shock, anger, frustration, and profound disappointment. Also, it can disrupt the normal rhythm of daily life for both patients and their families.
Victims of medical negligence may endure not only the original health issue but also additional complications or injuries resulting from negligent care. These physical consequences can lead to prolonged suffering, extended recovery periods, and, in some cases, permanent impairment. The financial implications of medical negligence can be significant. Increased medical expenses, ongoing treatments, loss of income due to extended recovery periods, and the potential need for long-term care can place an overwhelming burden on individuals and their families.
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Medical malpractice is not uncommon. According to a study by John Hopkins, every year over 250,000 people die in the United States as a result of preventable medical mistakes, and thousands more are injured.
The same study concluded that medical errors are the third leading cause of death in this country. In addition, a national survey of American doctors published in Mayo Clinic Proceedings found that more than one-third, or 34%, of American physicians have been sued over allegations of medical malpractice, and nearly half of those (16.8%) have faced two or more lawsuits.
In order to have a medical malpractice claim, you must meet four criteria.
1. You must prove that the healthcare provider owed you a duty. In other words, you must show that you had a medical provider-patient relationship.
2. You must have substained injuries or have a loved one who has passed away as a result of the negligence of a doctor, medical professional, hospital, or health facility.
3. You must prove that the healthcare provider acted negligently. It is not enough to simply be the victim of a medical mistake. Doctors and medical professionals make mistakes, and this does not automatically make their behavior medical malpractice. For a medical error to rise to the level of malpractice, the medical professional must have breached the medical standard of care.
4. Finally, you must prove that the healthcare provider’s failure to provide appropriate care caused your injuries.
To recover medical malpractice damages, a client must prove that they were damaged by medical malpractice and that a dollar amount can be assigned to those damages.
There are several kinds of damages available including: general damages (physical and mental pain and suffering), loss of enjoyment of life, and disability or disfigurement, special damages (medical bills - past and future), and loss of past and future earnings, and wrongful death damages.