Medicine has long been one of the most trusted and revered professions in the United States—at least until recently. Medical malpractice is now one of the leading causes of serious injury and death in America. Experts estimate that as many as 98,000 Americans die every year because of medical mistakes. Thousands more suffer serious, sometimes permanent, injury and lifelong consequences.
If you or someone you love has suffered injury or death because of the negligence of a healthcare professional, it is important to understand that you have legal rights and may be entitled to compensation for your losses.
Please contact the Law Office of Michael W. McElroy today for a FREE case evaluation with a respected and proven medical malpractice attorney.
What Is Medical Malpractice?
Medical Malpractice occurs when a healthcare provider fails to act within the applicable standard of care and this failure results in harm to the patient.
Medical Malpractice is a complicated and specialized area of the law and attorneys practicing in this area need to have substantial experience handling medical malpractice claims. Mr. McElroy has handled numerous medical malpractice cases on both the defense and plaintiff’s side in a variety of specialties including:
- Plastic Surgery
- Infectious Disease
- General Surgery
- Oncological Surgery (Cancer)
- Internal Medicine
- Family Practice
- Reproductive Endocrinology
- Orthopedic Surgery
- Bariatric Surgery
- Laparoscopic Surgery
- Gynecological Surgery
Some of the most common preventable medical errors include, but are not limited to:
Failure to diagnose and/or misdiagnosis
Wrong site surgery
Prescription, surgical, and/or anesthesia errors
What Are My Legal Rights?
Although medical malpractice is a complicated area of the law, when boiled down to its simplest terms there are essentially four things which a plaintiff (patient) must prove:
- That the health care provider had a duty to use reasonable care in the provision of medical services.
- That the health care professional was negligent in some fashion. The standard in Georgia is generally that the practitioner deviated from the standard of care of the medical community generally under like and similar circumstances and like surrounding conditions.
- That the negligence of the practitioner was the cause of the injury or damage to the patient.
- That the patient suffered injury or damages.
Georgia law requires expert testimony to establish a medical malpractice claim. This includes whether the relevant health care professional met the applicable standard of care and whether any deviation from that standard of care was the cause of damages sustained by a patient. The experts who are testifying must possess sufficient knowledge and have sufficient experience to offer that opinion testimony. It is important for an attorney practicing in the medical malpractice field to have access to experts to provide this testimony and to be sufficiently experienced to assess the credibility of the expert witnesses and their opinions, as well as their ability to effectively communicate those opinions.
If you suspect that you are a victim of medical malpractice, you should contact an experienced attorney who can explain your legal rights and options as soon as possible. You may be eligible to file a medical malpractice lawsuit to recover compensation for your medical expenses, pain and suffering, mental anguish, lost income, and more.
At the Law Office of Michael W. McElroy, we are dedicated to helping victims of medical malpractice obtain the justice and compensation they deserve for their injuries and suffering. Let us help you.
For a complimentary consultation with an experienced medical malpractice attorney who can help you maximize your legal rights, please Contact Us today.