Posted on Thursday, February 6th, 2025 at 8:00 am
We place our trust in medical professionals to take care of us, and when that trust is betrayed, it can be difficult to know what steps to take to hold them accountable. It is important to remember that you have rights as a patient and options for seeking justice when you suffer harm due to a medical professional’s improper treatment.
Whether you have experienced a misdiagnosis, medication errors, surgical mistakes, or any other form of medical malpractice, never hesitate to take action. By engaging the services of a skilled and experienced Georgia medical malpractice attorney, like Jonathan R. Brockman, P.C., you can pursue a claim and hold medical professionals accountable for their improper treatment. Don’t wait. Take action and fight for the justice you deserve.
Proving the Elements of a Medical Malpractice Claim
Improper treatment falls under the legal cause of action of medical malpractice. When pursuing a medical malpractice claim, you must prove certain legal elements to establish negligence and hold providers accountable for your harm and losses.
Duty of Care
The first element that needs to be established is the duty of care. This refers to the legal obligation that healthcare professionals have to provide a certain standard of care to their patients. It must be demonstrated that the healthcare professional had a duty to treat the patient and that such duty was breached. The medical standard of care is different from the usual “reasonable person” standard in typical injury cases, as the medical profession sets its own standard. This makes medical malpractice cases more challenging.
Causation
The next element is causation. It is not enough to show that a healthcare professional breached their duty of care; it must also be proven that this breach caused harm to the patient. This can be a complex process as it often involves determining whether the harm suffered by the patient was a direct result of the healthcare professional’s actions or if there were other intervening factors.
Damages
Lastly, damages must be proven in a medical malpractice claim. This refers to the injuries or harm suffered by the patient as a result of the healthcare professional’s negligence. These damages can include medical expenses, lost wages, pain and suffering, and emotional distress. Your attorney must gather sufficient evidence to support the claim for damages and to accurately calculate the extent of the harm suffered by the patient.
Proving these elements requires a comprehensive understanding of medical malpractice laws and experience in gathering and presenting evidence. You must consult with a skilled lawyer who understands medical malpractice claims to ensure all necessary elements are addressed in building a strong case.
Remember, proving the elements of a medical malpractice claim is a complicated task. To make things more challenging, medical professionals and their insurers regularly aggressively defend against liability. After improper treatment and resulting injuries, you need to have an attorney by your side with the necessary knowledge, skills, and resources to hold professionals accountable effectively.
Georgia Medical Malpractice Attorneys Fighting for Your Rights
If you or a loved one has suffered from improper treatment by a medical professional in Georgia, seek immediate legal representation from a trusted attorney. Jonathan R. Brockman, P.C. is a law firm handling difficult medical malpractice cases for our clients.
Contact Jonathan R. Brockman, P.C., at 770-205-8887 or online to schedule a free consultation. Our dedicated team will listen to your story, evaluate your case, and provide you with the guidance and legal support you need. Don’t let improper treatment go unaddressed; take action and fight for the justice you deserve.