Experienced Trial Attorneys Fighting for the Injured
How Does Medical Malpractice Work?
Legal

How Does Medical Malpractice Work?

Medical malpractice occurs when a doctor or hospital personnel perform an act or fail to act in a way that deviates from the accepted standard of care in the medical community. That standard of care is the acceptable medical care and treatment that a reasonably prudent doctor or hospital would provide under the same or similar circumstances. The deviation must have proved harmful to the patient. If a patient’s care and treatment weren’t consistent with the standard of care, medical malpractice might have been committed.

How does Medical Malpractice work?

Bad Results

Standing alone, even a gross deviation from the proper standard of care isn’t enough to establish medical malpractice. The claimant is also required to prove that he or she suffered an injury that never would have been suffered without negligence. Remember that bad results occur every day, so an unfavorable result in and of itself isn’t necessarily malpractice. It must be shown that medical negligence was the cause of the claimant’s injury.

Costs of Medical Malpractice Cases

Many fine personal injury lawyers across the country turn down medical malpractice cases because the cases just aren’t economically viable. These types of cases are extremely expensive to bring and sustain. Ordinarily, it’s the lawyers that subsidize these cases by advancing filing fees, expert witness fees and the like. Those costs can easily exceed $100,000. That’s why the claimant must be able to show that significant damages resulted from medical negligence. Neither lawyers nor clients want to be involved in cases when the cost of pursuing them exceeds the damages. The claimant must be able to show that the injury resulted in disability, disfigurement, significant lost earnings, intense pain and suffering, and past or even future medical bills.

Medical Malpractice Elements

In order to prevail in a case, a medical malpractice lawyer Savannah GA must prove four elements. First, he or she must show that a legal duty existed between the doctor or hospital to provide care and treatment to the patient. Next, a breach of that duty must be shown by a deviation from the standard of care. Third, it must be established that the breach of that duty caused the patient harm. Finally, the patient must show that he or she suffered legally recognized damages for which the Georgia courts can provide redress. If the patient fails to prove any single one of those elements, the medical malpractice case fails in its entirety.

Some common types of medical negligence that our medical malpractice lawyer Savannah GA has seen involve misdiagnosis, failure to diagnose and surgical errors, anesthesia and radiology errors. For more information about topics like how does medical malpractice work, contact our offices to arrange for a free consultation and case review with a highly rated medical malpractice lawyer Savannah GA. We promise to listen to you carefully and advise you on the viability of your claim and your full range of legal options.

Why Hire Tate Law Group?

Your Case Deserves the Best Possible Legal Care
  • Advocates for Change

    We leverage our litigation experience to advocate for positive change in our community & across the nation, including taking a proactive role in the opioid crisis.

  • Committed to Excellence

    The Tate Law Group is an award-winning, nationally-recognized firm with memberships in the Milion Dollar Advocates Forum, the International Society of Primerus Law Firms & more.

  • Fearless Advocacy

    The Tate Law Group is not afraid to do whatever it takes to advocate for the full & fair compensation you deserve, including going to trial.

  • Record-Setting Results

    The Tate Law Group has fought for many successful verdicts & settlements, including many record-setting results in Georgia & South Carolina.

  • Trial Experience

    We have litigated hundreds of cases and recovered damages totalling over $100 million for our clients in numerous courts of law since 2007.

  • Available & Accessible

    We are available to hear about your case over the phone or in-person, so schedule a free consultation today. There is no fee unless we win.

Successful Verdicts & Settlements

Millions of Dollars Recovered for the Injured
  • Tractor Trailer Injury $19,000,000
  • Nationwide Pharmaceutical Liability Resolution $18,000,000
  • Georgia Industrial Disaster Recovery $13,100,000
  • Chatham County Jury Verdict $10,000,000
  • Nationwide Pharmaceutical Liability Resolution $5,000,000
  • Nationwide Pharmaceutical Liability Resolution $5,000,000
  • Medical Malpractice Verdict $3,900,000
  • Personal Injury Involving Traumatic Brain Injuries $2,300,000
  • Maine Wrongful Death Recovery $2,200,000
  • Florida Wrongful Death Recovery $2,100,000
/

Get Your Free Consultation

We Look Forward to Meeting You
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Georgia trial Lawyers Association
  • Primerus Member
  • The National Trial Lawyers
  • Lexis Nexis Martindale Hubbell Peer Review Rated
  • Avvo Rating 10 Superb
  • American Association for Justice
  • Million Dollar Advocates Forum
  • Melvin M Belli Society