Did you suffer injuries because a doctor, nurse, or healthcare facility made a mistake? If so, the Alpharetta injury attorneys at Jonathan R. Brockman, P.C. might be able to help you recover compensation from a medical malpractice claim. You deserve to seek justice for the careless actions that led to your suffering. Healthcare professionals are supposed to keep their patients safe. If they fail in their medical duties, they should be held accountable for the damage they cause.
Medical malpractice is a form of negligence that may result from an error in diagnosis, treatment, post-care, or medical management. Medical malpractice cases can be challenging to navigate. An unexpected or unfavorable outcome alone isn’t necessarily a basis for a medical malpractice claim. It must include a negligent action and an injury that led to significant losses.
If you’ve been injured by the negligent actions of a healthcare professional, contact Jonathan R. Brockman, P.C. Our attorneys have the experience, skillset, and resources needed to develop a solid claim on your behalf. To speak with one of our Alpharetta medical malpractice lawyers about your case, call (678) 213-2401 today, and we’ll schedule your free consultation.
Georgia Negligence Laws You Must Follow
Negligence is the legal theory that one party owes a duty of reasonable care to another party and caused harm by failing in that duty. If you want to pursue a medical malpractice case, you must prove that your medical provider was negligent in their duties, and that’s what led to your injuries.
Proving negligence requires showing five elements existed:
- Duty: The healthcare professional owed you a duty of care to prevent harm;
- Breach of duty: They breached their duty;
- Cause in fact: If it wasn’t for their actions, you wouldn’t have sustained an injury;
- Proximate cause: Their breach, and nothing else, was the reason you got hurt; and
- Damages: You incurred damages.
It’s crucial to remember that you can’t base your case on negligence if you’re unable to prove the five elements. Medical mistakes happen, but they don’t always mean the doctor’s actions were negligent. You have to provide sufficient evidence that shows the five elements above existed at the time you sustained your injury.
Another legal theory that could affect your compensation is known as modified comparative negligence. This refers to your level of responsibility for your own injuries. If a jury determines you share 50% or more of the fault for your injury, you won’t be entitled to a financial award. However, if you share less than 50% fault, your compensation would get reduced by your percentage of the blame.
Damages You Can Claim in a Medical Malpractice Case
The compensation you might receive depends on something called damages. They fall under two main categories and refer to the total losses a victim suffers from an injury.
Economic damages are expenses, such as:
- Medical bills
- Lost wages and benefits
- Lost future earning capacity
- Property damage
Non-economic damages are losses that are difficult to monetize, such as:
- Emotional distress
- Pain and suffering
- Loss of companionship or consortium
There are various factors your Alpharetta medical malpractice lawyer will consider when determining an appropriate financial award to demand during an insurance claim or lawsuit. Certain factors could increase or decrease the number. For example, you would probably receive more money if your injury led to permanent disability instead of something minor that only took a few weeks to heal.
Factors that could result in higher compensation include:
- Severe injuries, such as traumatic brain injury, paralysis, nerve damage, internal organ injuries, spinal injuries, or loss of limb
- Medical costs mostly associated with the treatment of the injury
- Prescriptions needed to manage pain or relieve symptoms
- Long duration spent recovering
- Negative impact on daily routine or quality of life
- A high amount of lost wages from inability to work
- Disability or permanent impairment resulting from the injury, such as muscle weakness, loss of mobility, or loss of vital bodily function
- Future medical care required
Factors that could result in lower compensation include:
- Minor injuries, such as a bruise, sprain, or strain
- Short recovery period
- Most medical expenses associated with diagnosis instead of actual treatment of the injury
- Prescription medications weren’t necessary
- Injuries didn’t affect daily life or interfere with work
- Full recovery made and no future medical intervention necessary
How to Determine If You Qualify for a Medical Malpractice Case
Contact Jonathan R. Brockman, P.C. and speak with one of our Alpharetta medical malpractice lawyers. We have experience handling various cases and will review the details of your situation to determine if we can take it.
Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Unnecessary surgical procedure
- Premature discharge from care
- Prescribing incorrect medication or dosage
- Lack of pre or post-care
- Surgery errors
- Medical device malfunctioning or defects
This list doesn’t include every type that could occur. As long as there’s negligence on the part of the hospital, doctor, nurse, or other medical professional, and you suffered an injury, as a result, you could file a medical malpractice claim.
Choosing Between an Insurance Claim and Lawsuit
There’s one major difference between an insurance claim and a lawsuit: the damages you can recover. You could pursue economic and non-economic damages from both. However, there’s a third option that only applies to lawsuits. Punitive damages are a form of compensation provided to the injured victim if the defendant’s actions were especially egregious, reckless, grossly negligent, or lacked regard for another person’s safety. It’s meant to punish the at-fault party for their behavior rather than reimbursing the victim for their expenses.
Lawsuits tend to be more complicated and time-consuming processes. When you file an insurance claim, your Alpharetta medical malpractice lawyer can handle nearly everything on your behalf. When you file a lawsuit, there are some events you must participate in, or the judge could dismiss your case.
Lawsuits could also take much longer than insurance claims, especially if negligence comes into question. If there’s clear liability on the medical provider’s part, you could settle with their insurance company within months of filing the claim. However, if proving fault is difficult, and you choose to pursue a lawsuit, the lawsuit could take years.
When you hire Jonathan R. Brockman, P.C., we’ll review your case and determine which option is best for your situation. We understand state laws and will be sure to follow strict filing deadlines. We can handle each step of the procedure and guide you through it. You shouldn’t try to handle this yourself. You could make a mistake that prevents you from holding the negligent physician accountable and recovering the maximum compensation available.
How Jonathan R. Brockman, P.C. Can Help
Our Alpharetta medical malpractice lawyers have the resources, knowledge, and experience to handle your case from beginning to end. When you hire us, we’ll take care of the following legal aspects of your case:
- Initial intake. Upon retaining our services, we’ll gather as much information from you as possible. We’ll include details in your file that will help us build a strong case, such as how the incident occurred, the medical provider that caused your injury, and other relevant information.
- Prior medical history. We’ll need to request documentation associated with previous injuries you sustained and preexisting medical conditions. If you’re claiming your doctor’s negligence caused your injury, but you suffered a similar injury five years ago, we’ll have to collect sufficient evidence that those two incidents aren’t related.
- Expenses. We’ll request copies of records showing how much money you spent on treatment and other costs associated with your injury. Examples include:
- Prescription medications
- Hospital bills
- Out of pocket costs
- Lost wage reports
- Witnesses. We have resources to locate people who witnessed incidents of medical malpractice. If anyone saw what happened to you, we’ll track them down and get their statements.
- Insurance claim. We’ll find out the at-fault party’s liability insurance information and file a claim on your behalf. We can submit all the evidence we find that proves you suffered injuries resulting from medical malpractice. When the time comes, we’ll negotiate a full and fair settlement that covers your damages.
- Lawsuit. If we’re unable to reach a settlement agreement with the insurance company, we can file a lawsuit. In medical malpractice cases, you could sue the insurance company and negligent medical provider. You might also be able to sue the medical facility where the incident occurred.
At Jonathan R. Brockman, P.C., we care about our clients. We know how much you suffered since getting hurt. You thought you could trust your healthcare professional and ended up with serious injuries. Their mistake resulted in necessary medical treatment and expensive bills. If you couldn’t return to your job, you struggled to pay your household expenses and support your family. It’s been a long road, and you deserve justice for this traumatic experience.
Our Alpharetta medical malpractice lawyers are ready to fight for the compensation you deserve. Our legal team will help you hold all parties accountable for their actions. We’ll aggressively pursue the maximum financial award available. We never back down from a fight and won’t give up until we reach a favorable outcome in your case.
If your doctor made some type of error that resulted in your injuries, you should call us today at (678) 213-2401. We’ll meet you for a free case evaluation to review the details of your devastating experience. When you hire us, we’ll immediately begin working on your case and help you get on the road to recovery.