Trial Attorney Blog
Medical treatment does not always lead to the outcome a patient expects.
Some treatments are unsuccessful even when doctors follow the proper standard of care.
However, there are situations where a medical provider makes a preventable mistake that causes serious harm.
When that happens, the patient may have grounds for a medical malpractice claim.
Many people are unsure whether what happened to them qualifies as medical malpractice.
They may know something went wrong, but they are not sure if the mistake was avoidable or if the provider can be held legally responsible.
Understanding the signs of a potential medical malpractice case can help you decide when to speak with an attorney.
Medical Malpractice Means More Than a Bad Outcome
A poor medical result does not automatically mean malpractice occurred.
Doctors, nurses, surgeons, hospitals, and other medical providers are not expected to guarantee perfect outcomes.
Instead, they are expected to provide treatment that meets the accepted standard of care.
The standard of care refers to what a reasonably skilled medical provider would have done under the same circumstances.
If a provider fails to meet that standard and the patient suffers harm as a result, there may be a valid medical malpractice case.
For example, a patient may continue experiencing symptoms after surgery even if the surgeon did everything correctly.
On the other hand, leaving a surgical instrument inside a patient or failing to diagnose a serious condition despite obvious symptoms may point to malpractice.
Common Examples of Medical Malpractice
Medical malpractice can happen in many different healthcare settings.
Some of the most common examples include surgical errors, delayed diagnosis, misdiagnosis, medication mistakes, birth injuries, anesthesia errors, emergency room mistakes, and failure to treat a serious condition.
A delayed cancer diagnosis may allow the disease to spread before treatment begins.
A medication error may cause a patient to receive the wrong drug or the wrong dosage.
A surgical mistake may leave a patient with permanent injuries, infections, or the need for additional procedures.
Birth injuries may happen when doctors fail to respond to signs of fetal distress or use excessive force during delivery.
Signs You May Have a Medical Malpractice Case
There are several warning signs that may suggest medical malpractice occurred.
One common sign is that your condition became much worse after treatment.
Another sign is that a different doctor tells you that the original provider made a mistake.
You may also have a potential case if your diagnosis was delayed for too long, if you received the wrong medication, or if you needed additional treatment to correct a preventable error.
Unexpected complications, unexplained injuries, worsening symptoms, or sudden changes in your health after treatment may all justify a closer review.
If you feel like your provider ignored your concerns, dismissed obvious symptoms, or failed to order necessary tests, it may be important to speak with an attorney.
Misdiagnosis and Delayed Diagnosis Cases
Misdiagnosis and delayed diagnosis are among the most common forms of medical malpractice.
These cases happen when a doctor fails to identify a serious condition in time or diagnoses the patient with the wrong condition.
A delayed diagnosis can have serious consequences because the patient may lose the opportunity for early treatment.
Conditions commonly involved in these cases include cancer, heart attacks, strokes, infections, internal bleeding, and blood clots.
For example, a patient who visits the emergency room with signs of a stroke may suffer permanent damage if the medical team fails to recognize the symptoms and provide timely treatment.
In a cancer case, a delay of several months may allow the disease to spread and reduce the chances of recovery.
Surgical Errors Can Lead to Serious Harm
Surgical mistakes can cause severe and permanent injuries.
These cases may involve operating on the wrong body part, performing the wrong procedure, leaving surgical instruments inside the body, damaging internal organs, or failing to monitor the patient properly during surgery.
Anesthesia mistakes can also lead to serious complications.
A patient may suffer brain damage, oxygen deprivation, or other injuries if anesthesia is not administered correctly.
In some cases, patients wake up during surgery or receive too much anesthesia.
Medication Errors Are Often Preventable
Medication errors may happen in hospitals, emergency rooms, pharmacies, or doctor’s offices.
A patient may receive the wrong medication, the wrong dosage, or medication that should not be taken with another prescription.
These mistakes can lead to allergic reactions, organ damage, dangerous side effects, or even death.
Medication errors are especially dangerous for children, older adults, and patients with complex medical conditions.
Medical Records Are Important in Malpractice Cases
Medical records are often some of the most important evidence in a medical malpractice case.
These records may show symptoms, diagnoses, test results, medications, treatment plans, surgical notes, and follow-up care.
Medical records can help reveal whether a provider failed to order necessary tests, ignored symptoms, delayed treatment, or made a preventable mistake.
In many cases, attorneys work with medical experts to review records and determine whether the provider violated the standard of care.
Expert Testimony Is Often Required
Medical malpractice cases are more complex than many other personal injury claims.
In Georgia, expert testimony is often required to prove that a provider failed to meet the accepted standard of care.
Medical experts may review records, explain what the provider should have done, and describe how the mistake caused harm.
Without expert support, it can be difficult to prove that malpractice occurred.
This is one reason why medical malpractice cases often require significant investigation and legal resources.
How Long Do You Have to File a Medical Malpractice Claim in Georgia?
Georgia has time limits for filing medical malpractice claims.
In many cases, the deadline is two years from the date the injury occurred.
However, there are exceptions depending on when the injury was discovered and the specific facts of the case.
Waiting too long can make it harder to gather records, locate witnesses, and build a strong claim.
Speaking with an attorney as soon as possible can help protect your rights.
How Finch McCranie LLP Can Help Review Your Case
Medical malpractice cases often involve complicated medical records, expert opinions, and detailed investigations.
Finch McCranie LLP helps patients and families understand whether a preventable medical mistake may have occurred.
Our team works with qualified medical experts to review records, identify errors, and determine whether the provider failed to meet the standard of care.
If you believe a doctor, hospital, surgeon, or other medical provider caused serious harm, it may be important to seek legal guidance as soon as possible.
FAQs
What is considered medical malpractice?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care and causes harm to a patient. Examples may include surgical errors, delayed diagnosis, medication mistakes, or failure to treat a serious condition.
Does a bad medical outcome always mean malpractice occurred?
A poor result does not automatically mean malpractice happened. Some treatments are unsuccessful even when the provider followed the proper standard of care.
What are common signs of medical malpractice?
Worsening symptoms, unexpected complications, delayed diagnosis, medication mistakes, and the need for additional treatment may all be warning signs. A second doctor may also tell you that a mistake was made.
How do medical records help prove malpractice?
Medical records can show symptoms, test results, treatment plans, medications, and provider notes. They may help reveal whether a provider ignored symptoms, delayed treatment, or failed to order the proper tests.
Why are expert witnesses important in medical malpractice cases?
Expert witnesses can explain what the provider should have done and how the mistake caused harm. Their testimony is often required to prove that the standard of care was violated.
How long do I have to file a medical malpractice lawsuit in Georgia?
In many cases, Georgia gives victims two years to file a medical malpractice claim. However, some cases may involve different deadlines depending on when the injury was discovered.