Determining Fault In Medical Malpractice Cases

Medical malpractice occurs when a patient is harmed as a result of a negligent act or omission by a healthcare professional. According to a 2000 report by the Institute of Medicine, medical negligence accounts for nearly 100,000 deaths each year.

Doctors, nurses, pharmacists, and other medical professionals are required - both legally and ethically - to provide safe, competent treatment to their patients. At Atlanta, Georgia, law office of Mitchell & Shapiro, our medical malpractice lawyers provide aggressive representation to those who have been seriously harmed as a result of preventable medical errors. If you have suffered a serious personal injury or a loved one has died as a result of medical negligence, we can help. Having recovered millions of dollars in verdicts and settlements on behalf of our past clients, we will fight to protect your rights and will help you hold those responsible for your injuries accountable for their actions.

Contact our medical malpractice attorneys to discuss your potential medical negligence lawsuit. We can help you obtain the compensation to which you are entitled.

Proving Fault In A Medical Malpractice Case

Patients have a legal right to assume that the level of care provided to them by medical professionals meets a certain standard. When this standard has not been met, victims are entitled to compensation for any resulting harm. If a medical professional fails to adhere to these standards, he or she can be found medically negligent.

Liability for injuries caused by medical malpractice can be established under a number of legal theories, including:

Medical Negligence

Most medical malpractice lawsuits proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove:

  • The existence of a doctor-patient relationship
  • The applicable standard of care
  • The medical professional's failure to meet the standard of care
  • The patient suffered personal injury as a result

Informed Consent

In many situations, the failure to obtain a patient's "informed consent" relative to a procedure or treatment is a form of medical negligence, and may even give rise to a cause of action for battery. All patients have are entitled to receive information about one's medical condition, the treatment choices, risks associated with the treatments, and prognosis. The information must be in plain language terms that can readily be understood and in sufficient amounts such that a patient is able to make an "informed" decision about his or her health care.

However, no waiver or consent form can fully release a medical professional from responsibility. If our Atlanta, Georgia medical negligence attorneys can demonstrate that negligence or deviation from standard medical procedure on his or her part resulted in injury to you, you may be eligible to receive compensation.

Contact Our Atlanta, Georgia, Medical Malpractice Lawyers

Medical malpractice occurs when a doctor does something to a patient that a reasonably careful physician would not do or, conversely, when a doctor fails to do something in treating a patient that he or she should have done. If you suspect that you or a loved one has been victimized by medical negligence, contact Mitchell & Shapiro's office to discuss you potential medical malpractice or medical negligence lawsuit. We can help you obtain fair compensation for your injuries.