Medical Malpractice
A mistake by a doctor or medical professional can have far-reaching and painful effects on the patient. That is why these highly trained people are held to a high standard by the law. When a doctor or surgeon makes a preventable error, he or she should be held responsible for the costs the patient incurs to recover and reverse the error, and for how much that patient suffers.
However, hospitals and medical malpractice insurance companies have much at stake in these cases and are willing to put up a fight.
Atlanta Medical Malpractice Lawyer
Have someone skilled fighting for you if you’ve suffered due to a preventable medical error. ReShea Balams is an Atlanta medical malpractice lawyer who represents patients who have been the victims of mistakes by their doctors, surgeons, nurses or other medical professionals. She is a diligent attorney who takes on complicated cases and gives every client the attention he or she deserves.
Call (404) 445-2005 today to schedule a free consultation with The Balams Firm. ReShea Balams represents clients in and around Atlanta, including Alpharetta, Marietta, Sandy Springs, Johns Creek, Smyrna, Lawrenceville, Milton, Decatur, Brookhaven, East Point, Duluth, Forest Park, College Park and anywhere in Fulton, Gwinnett, Clayton, DeKalb or Cobb Counties.
Georgia Medical Malpractice Information Center
- What is Medical Malpractice?
- Hospitals in Atlanta Area
- Doctor’s Duty to Disclose
- Hospital and Doctor’s Duty to Obtain Effective Prior Consent
- No Caps on Damages in Georgia
- Resources for Medical Malpractice
What is Medical Malpractice?
When a person seeks the professional services of a doctor, surgeon or other trained person in the medical field, he or she is putting his or her life in that person’s hands. With this high level of trust comes a high level of responsibility.
Doctors must act according to the standards of their profession. The failure to do so is considered malpractice. That a doctor simply “made a mistake” does not excuse their behavior under the law.
Malpractice can range from errors in a surgical procedure to the failure to diagnose a medical problem to the failure to treat an infection. The key question is whether the doctor did something a reasonably prudent member of his or her profession should not do or failed to do something a reasonably prudent member would do.
Hospitals may also be liable for damages if the hospital failed to properly staff, maintain adequate procedures or if staff did not abide by procedures in place.
Medical malpractice spans across all types of health care providers. It can include:
- Dentists
- Podiatrists
- Pediatricians
- Chiropractors
- OB/GYNs
- Nursing Homes
- Nurses
- Psychiatrists
- Plastic Surgeons
Hospitals in Atlanta Area
Atlanta is a major medical center. Some of the major hospitals include:
- Emory University Hospital
- Piedmont Hospital
- Children’s Healthcare of Atlanta at Egleston
- Children’s Healthcare of Atlanta at Scottish Rite
- Grady Memorial Hospital
- Atlanta Medical Center
- WellStar Kennestone Regional Medical Center
- Northside Hospital
- Southern Regional Medical Center
- Gwinnett Medical Center – Lawrenceville
Doctor’s Duty to Disclose
Doctors are highly trained and knowledgeable about the human body and the various conditions and afflictions it might face. They should also know all the possible effects and potential consequences of any procedure or course of treatment they recommend.
When discusses a course of action for addressing any medical matter, the doctor should fully discuss and warn you of potential complications, side effects and other risks associated. You will make your medical decisions based on the information he or she provides you. If a doctor fails to disclose a potential problem that a reasonable doctor would disclose before you make a medical decision, he or she has breached his or her duty to you.
Your doctor also has a duty to discuss possible alternatives with you if a reasonable doctor would disclose those alternatives.
If you made a medical decision based on information a doctor gave you and that information turned out to be incomplete, and you suffered complications you were not aware would occur or that you could have avoided, you may have a case for recovery.
Hospital and Doctor’s Duty to Obtain Effective Prior Consent
It is ultimately the patient’s decisions what course of medical action he or she takes. Sometimes, though, a doctor or medical professional makes a decision on his or her own, without discussing it beforehand with the patient. These decisions can range from minor ones to the decision to remove an organ.
Except in circumstances when there is a true emergency and the patient is incapacitated, the medical professional breaches his or her duty to obtain prior consent. This is especially common in situations involving older adults, such as in a nursing home setting, and in minors. For minors, the medical staff should discuss matters with the patient’s parents or guardian.
No Caps on Damages in Georgia
State law used to contain a provision placing limits on the damages a person could receive in a medical malpractice decisions. Noneconomic damages include physical and emotional pain, discomfort, hardship, anxiety, loss of consortium and other damages that are real but not tangible.
However, in 2010, the Georgia Supreme Court struck down the caps in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al. The Court ruled that the law violated the right to a jury, separation of powers and the right to equal protection, all found in the State Constitution.
If you are involved in a medical malpractice action in the Atlanta area, the true amount of your damages will be decided by a jury. You will not face arbitrary limits.
Resources for Medical Malpractice
Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al: This decision by the state Supreme Court overturned the law placing caps on medical malpractice damages, saying they violated plaintiffs’ right to a jury.
Atlanta Medical Association: This is a professional organization, affiliated with the Georgia State Medical Association, for doctors in the Atlanta area.
100 Edgewood Avenue NE #820Atlanta, GA 30303
Phone: (404) 586-0385
The Balams Firm | An Atlanta Attorney for Medical Negligence Cases
Skilled representation can make the difference between receiving the full measure of what you suffered due to a preventable medical error and receiving nothing. ReShea Balams is an Atlanta medical malpractice lawyer who seeks fair compensation for her clients. Call today at (404) 445-2005 to schedule a free consultation.
