Savannah Medical Malpractice Lawyers

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Were You or a Loved One Injured by Medical Malpractice?

We trust healthcare providers to uphold certain standards of care, but the reality is that sometimes, medical malpractice occurs and causes patient injury or harm. In Savannah, patients affected by medical negligence often face significant challenges, including physical, emotional, and financial burdens, in addition to everything incurred from their original healthcare treatments.

Recognizing the legal avenues available is an essential step in addressing those repercussions. The Savannah medical malpractice lawyers at Kicklighter Law are committed to providing legal support to individuals who have experienced harm due to medical errors. These common questions and answers about medical malpractice are addressed to help you better understand your rights and options.

What Is Medical Malpractice?

Medical malpractice involves negligence by a healthcare professional or institution that results in injury or harm to a patient. It occurs when a provider deviates from the accepted standard of care, meaning the care provided falls short of what a competent professional would deliver in a similar situation.

Many negligent actions, lack of action, and careless mistakes can be considered medical malpractice or medical negligence. A few examples include:

Errors in administering anesthesia
Errors in the prescription of medication
Improper treatment or failure to treat
Injuries to mother or baby during birth
Misdiagnosis or failure to diagnose
Surgical errors or mistakes

Because of the numerous ways that medical malpractice can be committed, this area of the law can be incredibly complex and challenging to understand. Our Savannah medical malpractice lawyers can work with trusted experts to provide get to the root of what caused our clients’ injuries.

Who Can Be Held Accountable in a Medical Malpractice Case?

Several parties can potentially be held accountable for medical malpractice. Physicians are commonly named in such cases, but liability can extend to other healthcare professionals, including nurses, anesthesiologists, and pharmacists. In some cases, entire institutions such as hospitals or clinics may be held responsible if systemic issues contribute to the negligence.

For example, a hospital could be liable if understaffing led to errors in patient care, like delayed treatments or medication errors. Similarly, if defective medical equipment causes harm, the manufacturer might be implicated in design or production flaws. Our Savannah medical malpractice lawyers perform detailed analyses of these incidents’ circumstances, including reviewing policies, procedures, and relevant documentation.

What Must Be Proven in a Medical Malpractice Lawsuit?

The injured party must establish several key elements to succeed in a medical malpractice lawsuit.

First, it must be shown that a formal doctor-patient relationship existed. This confirms that the provider had a duty of care to the patient.
Second, it must be demonstrated that the provider breached this duty by acting negligently. This could involve failing to diagnose a condition, performing surgery incorrectly, administering the wrong medication, or providing inadequate follow-up care after treatment.
Third, there must be evidence that the breach directly caused harm. The injury or harm must not have resulted from the patient’s underlying condition but rather from the healthcare provider’s actions or omissions.
Lastly, the injured party must prove damages, such as physical pain, emotional suffering, additional medical costs, lost income, or diminished quality of life due to the negligence.

How Long Do I Have to File a Medical Malpractice Claim in Savannah?

In Georgia, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date the injury occurred. However, certain exceptions may apply. For instance, if the harm was not immediately apparent, the “discovery rule” allows additional time to file a claim from the date the injury was discovered or reasonably should have been discovered.

There is also a statute of repose in Georgia, which prohibits filing any medical malpractice claim more than five years after the negligent act occurred, regardless of when the harm was discovered. Consulting our Savannah medical malpractice lawyers early in the process is important to avoid missing these critical deadlines.

What Compensation Can Be Recovered in a Medical Malpractice Case?

The compensation available in a medical malpractice case depends on the circumstances and severity of the harm suffered. Damages typically fall into two categories:

Economic damages include measurable financial losses such as medical expenses, rehabilitation costs, and lost wages.
Non-economic damages address intangible losses like suffering and diminished quality of life.

There are no caps on economic damages in Georgia, but non-economic damages may be subject to limitations depending on the case’s specifics. Our experienced Savannah medical malpractice lawyers can determine the potential value of your claim based on the evidence and circumstances.

How Is Negligence Determined in a Medical Malpractice Case?

Negligence in medical malpractice cases is assessed by comparing the healthcare provider’s actions to the accepted standard of care. The standard of care is a benchmark that reflects what a reasonable healthcare professional would do in a similar situation. For example, if a doctor misdiagnoses a condition that another competent doctor would have identified, it may constitute negligence.

Establishing negligence generally involves gathering medical records, consulting medical professionals, and analyzing procedures to identify deviations from accepted practices.

Can Medical Malpractice Cases Be Settled Outside of Court?

Many medical malpractice cases are resolved through settlements rather than going to trial. Settling can save time and resources while providing compensation for the injured party. However, reaching a fair settlement requires thorough preparation and negotiation.

In some cases, going to trial may be necessary if the responsible party denies liability or disputes the extent of the damages. Each case is unique, and deciding to settle or proceed to court depends on the specific circumstances and the evidence available.

What Challenges Are Common in Medical Malpractice Cases?

Medical malpractice cases often involve significant challenges, such as the following:

Proving negligence requires gathering substantial evidence, including medical records, expert opinions, and eyewitness testimony.
Healthcare providers and institutions typically have legal teams and resources dedicated to defending against claims.
Another challenge is the complexity of medical information. Juries may need detailed explanations to understand how the negligence occurred and the extent of the harm caused.

Building a compelling case requires attention to detail and a thorough understanding of medical and legal principles.

How Can Legal Representation Benefit a Medical Malpractice Claim?

Legal representation provides significant advantages in medical malpractice claims. Our Savannah medical malpractice lawyers assist with investigating the circumstances, identifying responsible parties, and gathering the evidence needed to build a strong case.

Additionally, we can handle negotiations with insurance companies or defense attorneys to seek fair compensation. Our legal team can advocate for you in court if a settlement cannot be reached. Working with our attorneys can help simplify a challenging process and improve the likelihood of a favorable outcome.

What Are Common Defenses in Medical Malpractice Cases?

Healthcare providers can raise several defenses in medical malpractice cases. One common defense is that the injury resulted from an underlying condition rather than negligence. Another argument may be that the provider acted within the accepted standard of care, even if the outcome was unfavorable.

Providers may also assert that the patient did not follow medical advice, contributing to the harm suffered. Addressing these defenses requires presenting compelling evidence to demonstrate that negligence directly caused the injury.