The new year brings a fresh start for many individuals, often leading to renewed attention to their health and wellness. However, if you or a loved one suspects that a mistake has occurred during a hospital visit or treatment in Georgia, it’s crucial to take the right steps to ensure your safety and protect your rights. Medical malpractice is a serious issue that can have life-altering consequences, and understanding how to proceed is essential for pursuing justice. This guide outlines what to do if you suspect you’ve been harmed by a hospital or healthcare professional’s error in Georgia.
What is Medical Malpractice? 
Medical malpractice happens when a healthcare provider—whether a doctor, nurse, hospital, or clinic—fails to provide the level of care that is expected based on medical standards. These errors can lead to serious injury or even death. Not all medical mistakes are considered malpractice, but those that result from negligence, lack of skill, or failure to follow established medical practices may qualify as malpractice.
In Georgia, the law requires that healthcare providers adhere to a certain standard of care. If they fail to do so, they may be held accountable for the damages caused. Some common types of malpractice include misdiagnosis, surgical errors, medication mistakes, and birth injuries.
Common Types of Medical Malpractice
Many hospital-related errors fall under the category of medical malpractice. Some of the most prevalent types of mistakes include:
Surgical Errors
Surgical errors are one of the most common forms of medical malpractice. These can occur when a surgeon makes an avoidable mistake during an operation, such as operating on the wrong site, leaving surgical instruments behind, or causing excessive bleeding. These errors can lead to long-term complications and may require additional surgeries to correct.
Attorney - Partner Attorney - Partner Associate Attorney Associate Attorney
Leland Malchow
Chris Johnson
Dane Anderson
Bailey Marshall
Misdiagnosis or Delayed Diagnosis
A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition. A delayed diagnosis happens when the diagnosis is made too late for the patient to receive timely treatment. Both can result in significant harm, particularly if the patient’s condition worsens due to the lack of appropriate treatment.
Medication Errors
Medication errors can occur at various stages, such as prescribing the wrong medication, providing the wrong dosage, or failing to check for harmful drug interactions. These types of errors can lead to serious health consequences, including overdoses, organ damage, or even death.
Childbirth Injuries
Birth injuries are another form of malpractice that can occur during labor or delivery. These injuries can affect both the mother and child, leading to permanent disabilities such as cerebral palsy, nerve damage, or brain injuries. Errors in the use of forceps, failure to recognize fetal distress, or improper use of medication during labor can contribute to these injuries.
What to Do If You Suspect a Hospital Mistake in Georgia
If you believe you’ve been the victim of medical malpractice, acting quickly can help protect your health and your legal rights. Here are some essential steps to take:
They made everything easy for me! Even when I lost faith in the car accident where a drunk driver hit me, they helped me through every process. They were quick as they could be and made everything easier for me while being in the process of my move to Japan for the Navy, full time student, and planning my own wedding. I appreciated the help. Thank you!” - Julissa Evans I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless." - Chris Rowland Chris Johnson is an exceptional attorney for car wreck cases. His expertise, clear communication, thorough preparation, and effective negotiation skills led to a favorable outcome. With compassion and support, he guided me through the process, making him highly recommended for anyone in need of a skilled legal advocate." - Jayko Robinett
1. Document Everything
Start by keeping detailed notes about the events surrounding the suspected mistake. Write down the date, time, and specific circumstances of the treatment or procedure. Include information on what was said by the healthcare providers and any signs or symptoms you experienced afterward. This documentation will be valuable if you decide to pursue legal action.
2. Seek a Second Opinion
If possible, consult another healthcare professional for a second opinion. A second opinion can help confirm whether the care you received was appropriate or if there was a mistake made. It’s important to have an unbiased medical professional assess your condition, as this could significantly impact your case if you decide to pursue a malpractice claim.
3. Obtain Your Medical Records
You have the right to access your medical records under Georgia law. Request a copy of all your medical documentation, including test results, doctor’s notes, surgical reports, and any other relevant information. These records can serve as crucial evidence when you seek legal advice or file a claim.
Choosing a Personal Injury Attorney How Much Is My Personal Injury Claim Worth?Related Videos
4. Consult an Experienced Attorney
Medical malpractice cases can be complex, so it’s essential to consult with a personal injury attorney who specializes in this area of law. An experienced lawyer will help you understand the legal process, evaluate your case, and advise you on the best course of action. They can also help you gather evidence, consult with expert witnesses, and negotiate with insurance companies.
The Legal Process for Medical Malpractice in Georgia
If you decide to file a medical malpractice lawsuit in Georgia, it’s important to understand the steps involved. Here’s an overview of the process:
1. Filing a Claim
In Georgia, the statute of limitations for filing a medical malpractice lawsuit is two years from the date the injury was discovered or should have been discovered. This means that if you suspect medical malpractice has occurred, you need to act quickly to protect your right to seek compensation.
2. Gathering Evidence
Your attorney will begin by collecting all relevant medical records, expert opinions, and witness statements. This evidence is essential to prove that a healthcare provider’s actions directly caused your injury. Your lawyer may consult with medical experts who can testify to the standard of care and how the defendant’s actions deviated from it.
3. Negotiation and Settlement
Many medical malpractice claims are settled outside of court. Your attorney will negotiate with the responsible party or their insurance company to reach a fair settlement that compensates you for your medical bills, pain and suffering, lost wages, and other damages. If a settlement cannot be reached, your case may proceed to trial.
4. Trial and Verdict
If your case goes to trial, a judge or jury will hear the evidence and determine whether malpractice occurred and how much compensation you are entitled to receive. Trials can be lengthy, but your attorney will work diligently to present the strongest case possible.
How Malchow Johnson Injury Lawyers Can Help
At Malchow Johnson Injury Lawyers, we understand the challenges that come with medical malpractice cases. Our team has the knowledge and experience to handle these complex cases and fight for the compensation you deserve. We provide personalized, compassionate legal representation and will work tirelessly to ensure that your rights are protected.
If you or a loved one has suffered from medical malpractice in Georgia, don’t hesitate to reach out to Malchow Johnson Injury Lawyers for a free consultation. We are here to help you navigate the legal process and hold healthcare professionals accountable for their mistakes.
If you suspect that a medical mistake has been made during your treatment, it’s crucial to act quickly. Document the details, seek medical advice, and consult with an attorney to determine if you have a valid malpractice claim. With the help of a skilled attorney, you can pursue justice and hold healthcare providers accountable for their negligence. Don’t let medical malpractice ruin your life—take the necessary steps to protect your rights and seek the compensation you deserve.