Atlanta Medical Malpractice Lawyers
Pursuing Justice for Medical Malpractice Victims in Georgia
While most healthcare providers strive to provide quality care for patients, medical errors are inevitable. When a medical provider or entity deviates from the expected standard of care, this can result in serious harm or even death for patients. If you or a loved one suffered from medical malpractice in Atlanta, securing skilled representation from a qualified attorney is essential to obtain justice and compensation.
At DGL Attorneys At Law, our attorneys are dedicated to pursuing maximum compensation for victims of medical malpractice. From surgical errors to birth injuries, we understand how overwhelming it can be to navigate the legal complexities of a medical malpractice case, especially while recovering from a serious injury. From arranging expert testimonies to negotiating effectively with insurers and other involved parties, our skilled advocates can help you navigate the legal intricacies of your claim and fight tirelessly to hold negligent parties accountable for the harm they inflicted.
Don’t pay the price for someone else’s negligence. Call (770) 404-8239 to schedule a free consultation with our experienced medical malpractice lawyers.
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Common Medical Malpractice Cases We Handle
At DGL Attorneys At Law, our medical malpractice lawyers have a thorough understanding of medical malpractice laws in Georgia to pursue fair compensation on your behalf, allowing you to focus on your recovery during this difficult time.
Our firm has forged a proven track record of results representing clients in a wide range of medical malpractice lawsuits, including:
- Birth Injuries: Birth injuries may result from medical mistakes during pregnancy or delivery and can cause lifelong conditions such as cerebral palsy or Erb’s palsy.
- Misdiagnosis or Delayed Diagnosis: A wrong or late diagnosis can lead to harmful treatments, delayed care, worsening illness, or even death.
- Failure to Treat: When doctors fail to provide necessary treatment after diagnosing a condition, patients can suffer serious and preventable harm.
- Medical Negligence: Medical negligence occurs when careless or unskilled care, such as misreading test results or prescribing the wrong medication, harms a patient.
- Surgical Errors: Surgical mistakes like operating on the wrong body part or leaving instruments inside a patient can cause life-threatening consequences.
- Medication Errors: Errors in prescribing, dispensing, or administering medication can cause dangerous side effects, ineffective treatment, or serious health complications.
- Anesthesia Errors: Anesthesia mistakes, such as incorrect dosage or poor monitoring, can cause brain damage, nerve damage, or death.
- Nursing Home Neglect and Abuse: Nursing home residents may suffer severe harm or death due to neglect, poor care, or abuse by caregivers.
- Emergency Room Errors: Mistakes in emergency rooms, such as misdiagnosis or improper treatment, can lead to severe complications or fatalities.
- Radiology Errors: Misreading medical imaging tests can cause incorrect diagnoses, missed conditions, or unnecessary procedures that harm patients.
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Record-Setting $77.5M Verdict for Medical Malpractice Case
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$31M Verdict for Negligent Security Case
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$25M Medical Malpractice Settlement
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$23M Product Liability Settlement - Tire Tread Separation
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$16.5M Verdict for Product Liability Wrongful Death Case
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$11M Negligent Security Settlement
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$10M Settlement in Trucking Case
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$9.2M Truck and Motorcycle Vehicle Accident
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$9.1M Settlement in Negligent Security Case
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$8.5M Settlement in Trucking Case
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$8.5M Settlement in Trucking Case
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$8.5M Settlement for Negligent Security in Shopping Center
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$8.5M Settlement for a Commercial Truck Accident
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$8.4M Dump Truck Accident
What Constitutes Medical Malpractice in Georgia?
In Georgia, medical malpractice occurs when a healthcare professional or facility deviates from the accepted standard of care, resulting in injury, harm, or death to a patient. The “standard of care” refers to the level of care and skill that a reasonably competent healthcare provider with similar training and experience would have provided under similar circumstances. Examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication errors, improper treatment, and failure to obtain informed consent.
Medical Malpractice vs. Medical Negligence
While both medical negligence and medical malpractice involve wrongful injury to patients, there are key discrepancies between the two under Georgia law.
Medical negligence occurs when a provider performs a careless act or fails to perform an act required by their professional duty.
Medical malpractice also involves carelessness on the part of the defendant, but differs from medical negligence in the sense that the defendant had knowledge of the potential harm their action or inaction may cause.
How Long Do I Have to File a Medical Malpractice Claim?
The deadline or statute of limitations for filing a medical malpractice claim in Georgia is two years from the date of the injury. However, some exceptions may apply in specific circumstances. It’s best to consult with an experienced medical malpractice lawyer who can help you file your claim within the statute of limitations and navigate the legal intricacies of your case.
Hear From Our Clients
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"Great firm!"Friendly and understanding, will work for you!- Jhonathan R.
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"I cannot say enough about my experience with DGL attorneys!"I cannot say enough about my experience with DGL attorneys!- Jason E.
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"He cares, he listens, and he gets you the best results."Tony Delcampo is definitely the best lawyer to have on your side.- Andrea F.
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"If you want a fair settlement then this is your place. I'm beyond satisfied!"If you want a fair settlement then this is your place. I'm beyond satisfied!- Lisabeth C.
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"Me sentí muy feliz de haber elegido al abogado Sr. Randall D Grayson."Me sentí muy feliz de haber escogido al señor abogado Randall D Grayson. Responsable y serio.- Sonia M
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"Mi experiencia con Tony del campo es muy grata"Mi experiencia con Tony del campo es muy grata- Former client
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"I appreciate everything DGL has done for my family."They were very helpful. Cindy was friendly and always communicated what was going on with my case.- Noelia M.
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"Highly recommend as they are caring people with a high level of professionalism."Highly recommend as they are caring people with high a level of professionalism.- Mike C.
Establishing Liability in a Medical Malpractice Case
To recover damages in a medical malpractice case, you must establish negligence on the part of the offending healthcare provider or entity. Because the plaintiff bears the burden of proof in medical malpractice lawsuits, you’re responsible for not only proving that medical malpractice occurred, but that it resulted in harm or injury (“damages”).
We can help you meet the standard of proof in your case by establishing the following elements:
- Duty of care: The medical provider owed you a standard of care.
- Breach of duty: The medical provider failed to meet their duty of care.
- Causation: The breach of duty caused harm or injury.
- Damages: You incurred damages as a result of the injury or breach.
Who is Liable for Medical Malpractice?
In medical malpractice cases, liability can extend to various individuals and entities involved in a patient's care. Here are the primary parties who can be held liable for medical malpractice:
- Doctors
- Nurses and nurse practitioners
- Hospitals
- Pharmacists
- Dental professionals
- Technicians
- Anesthesiologists
- Specialty clinics
- Rehabilitation centers
- Drug manufacturers
What Is an Expert Affidavit?
Under Georgia Code § 24-7-702, victims of medical malpractice victims must provide an expert affidavit, also known as a sworn expert witness testimony, to establish that the provider’s action or inaction fell below the accepted standard of care. The “expert witness” must be knowledgeable and experienced in the same field as the medical provider who is being accused of malpractice.
Remember, proving that your doctor made a mistake isn’t enough to obtain compensation in a medical malpractice claim. Before a lawsuit can be filed, the individual must show that the error caused damage or further harm. At DGL Attorneys At Law, our attorneys can guide you through the legal complexities of your case while fighting tirelessly to hold negligent providers accountable for the harm they inflicted.
Recovering Damages in a Medical Malpractice Lawsuit
Depending on the unique circumstances of the case, victims can recover various damages in a medical malpractice lawsuit.
These include:
- Economic damages: These compensate the victim for direct financial losses, such as medical and rehabilitation expenses, current and future treatment costs, lost wages, and loss of earning capacity.
- Non-economic damages: These compensate the victim for non-financial losses, such as pain and suffering, mental distress and anguish, loss of enjoyment of life, loss of consortium, disability and disfigurement, and psychological disorders resulting from the accident, such as PTSD or depression.
- Punitive damages: Punitive damages may be awarded in rare cases involving willful or extreme negligence. Unlike economic and non-economic damages, these are meant to punish the defendant rather than compensate the victim.
Is There a Cap on Medical Malpractice Damages in Georgia?
A damage cap limits the compensation a victim can recover in a personal injury or medical malpractice lawsuit. In Georgia, there isn't a cap on economic and non-economic damages. However, punitive damages are capped at $250,000 in medical malpractice cases (Georgia Code § 51-12-5.1).
Securing skilled representation from an experienced attorney is essential to recovering damages in a medical malpractice lawsuit. Our lawyers can fight to maximize available damages by fortifying your claim with strong evidence and advocating for the just compensation you deserve.
Medical Malpractice FAQs
What happens if the patient dies due to malpractice?
If malpractice leads to death, the patient’s surviving family members may file a wrongful death lawsuit. This allows recovery for both the economic value of the life lost and compensation for funeral expenses, medical bills, and emotional suffering.
Do medical malpractice cases always go to trial?
Not necessarily. Many claims are resolved through settlements before trial. However, if the healthcare provider disputes liability or damages, the case may proceed to court where a judge or jury decides.
How long does a medical malpractice case take in Atlanta?
Because these cases are complex and often require multiple experts, they typically take months to several years to resolve, depending on whether they settle or go to trial.
Can I file a malpractice claim for emotional harm only?
Emotional harm alone is not enough. To succeed, you must show that the malpractice caused a physical injury or measurable health consequence, though emotional distress can still be part of your overall damages.
What role do medical experts play in these cases?
Medical experts are essential for explaining the standard of care, how it was breached, and how that breach caused harm. Their testimony helps judges and juries understand complex medical issues.
If I signed a consent form, can I still sue for malpractice?
Yes. A consent form doesn’t excuse negligence. While it shows you accepted known risks, it does not protect providers from liability if they acted carelessly or deviated from the standard of care.
What should I do if I suspect malpractice?
Gather medical records, document your symptoms, and contact a medical malpractice attorney as soon as possible. Because strict deadlines apply in Georgia, acting quickly can protect your right to pursue compensation.
Diligent Advocacy for Injured Patients in Atlanta
At DGL Attorneys At Law, our seasoned attorneys can advocate for the compensation you deserve by negotiating effectively with other involved parties and fortifying your claim with relevant evidence, such as medical records, expert testimony, and witness statements. Our lawyers are well-versed in Georgia medical malpractice laws and have over a decade of experience to help you establish liability in your medical malpractice lawsuit. With our vast network of professional resources and winning track record of results, you can trust us to safeguard your rights in and out of the courtroom while fighting for the favorable settlement you deserve for your injuries.
DGL Attorneys At Law has recovered millions of dollars for the wrongfully injured in the Metro Atlanta Area. Contact us online to discuss your case.
Why Choose DGL Attorneys At Law?
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Your Case Will Be Handled with Care by a Partner of Our Firm
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We Apply All of Our Attention and Resources to Prepare Your Case
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Attorney DelCampo Is a Current President of the Georgia State Bar
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Attorney DelCampo Was the First Hispanic Georgia State Judge; Attorney Lopez Was the Second