If your health got worse after treatment, or a family member died following care at an Atlanta hospital or clinic, you may be asking whether something went wrong. Our Atlanta medical malpractice lawyer can review the medical records, explain how Georgia law applies to what happened, and tell you whether the facts appear to support a claim. Moriarty Medical Malpractice Lawyers prepared this guide to explain what medical malpractice means and how it differs from an outcome that careful treatment could not have prevented.
How Georgia Law Defines Medical Malpractice
Medical malpractice is negligence by a health care provider that injures a patient. Under O.C.G.A. § 51-1-27, a person who practices medicine or surgery for compensation must bring a reasonable degree of care and skill to that work. An injury caused by a lack of that care and skill is a tort. The injured patient can seek compensation for it through a civil claim.
The law does not require providers to guarantee a good result. It requires them to act as a reasonably careful provider in the same field would act under similar circumstances. That benchmark is called the standard of care. Our guide to the medical standard of care explains how it is measured in a specific case.
Negligence Compared With a Known Complication
Between 10% and 12% of hospitalized patients experience an adverse event, and about half of those events are considered preventable, according to AHRQ’s Patient Safety Network. An adverse event is harm caused by medical care rather than by the underlying illness. The rest are not considered preventable. One definition of a preventable adverse event cited in an AHRQ patient safety primer is care that falls below the standard expected of physicians. That is the line malpractice law draws as well.
A known complication is a risk that can occur even when every step of treatment is performed correctly. Bleeding, infection, and nerve irritation are recognized risks of many procedures. When one of these risks occurs despite careful treatment, the patient has suffered a bad outcome, but not necessarily a negligent one.
Negligence is different. It occurs when a provider departs from accepted practice, such as by operating on the wrong site, leaving a sponge in the body, or failing to act on an abnormal test result. The same complication can fall on either side of the line. An infection after surgery may be an unavoidable risk, or it may follow a lapse in sterile technique or a delay in treating early signs. The records usually decide which one it was. Our article on surgical risks and errors looks at how that distinction applies in the operating room.
A signed consent form does not excuse negligence. Consent covers the risks a provider disclosed, not a preventable mistake. A provider’s failure to disclose a material risk can raise a separate issue, which our guide to informed consent rights explains.
Who Can Be Held Liable for Medical Malpractice
Malpractice claims are not limited to doctors. Georgia’s malpractice affidavit statute, O.C.G.A. § 9-11-9.1, lists the licensed professions it covers, including medical doctors, osteopathic physicians, nurses, physicians’ assistants, and pharmacists. It also applies to licensed health care facilities alleged to be liable for the conduct of those professionals.
- Physicians and surgeons. Primary care doctors, specialists, surgeons, and anesthesia providers are each measured against the standard of care in their own field.
- Nurses and physician assistants. These providers monitor patients, give medications, and report changes in a patient’s condition. A failure in any of those duties can cause serious harm.
- Pharmacists. Dispensing the wrong drug or strength, or missing a dangerous interaction, can support pharmacy malpractice claims.
- Hospitals and other facilities. A hospital may be responsible for the staff it employs and for its own systems, such as staffing, infection control, and the relay of test results. These cases are often described as hospital negligence claims.
More than one provider can share responsibility for the same injury. The records show who made each decision and who was responsible for each part of the patient’s care.
The Four Elements of a Malpractice Claim
Liability consists of four elements: duty, breach, causation, and damages. A duty arises from the provider-patient relationship. A breach is a departure from the standard of care. Causation connects that departure to the patient’s injury. Damages are the losses the injury caused, such as medical bills, lost income, and pain and suffering.
Causation is often the most disputed element because many patients were already ill when an error occurred. The claim must show that the error, rather than the underlying condition, caused the additional harm. Our guide to proving a malpractice claim covers each element in depth.
Common Situations That Can Involve Malpractice
Claims often arise from diagnostic errors, surgical and anesthesia mistakes, medication errors, and harm during labor and delivery. A missed or delayed diagnosis can allow a treatable condition to progress, and these cases are handled as failure to diagnose claims. Whether any of these situations amounts to malpractice depends on the facts of the case and what the records show.
What to Do If You Think Your Care Fell Short
Continue any medical care you need and follow the advice of a treating physician about your health. This guide explains legal concepts and is not medical advice.
Georgia generally requires a malpractice lawsuit to be filed within two years of the date of injury or death, and no later than five years after the negligent act, under O.C.G.A. § 9-3-71. The exceptions are explained in our guide to Georgia filing deadlines.
Moriarty Medical Malpractice Lawyers represents patients and families in Atlanta and nearby communities, including Stonecrest and Peachtree Corners. Contact us to schedule a free consultation and have our attorneys review your records.
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Negligence vs. a Bad Outcome | Moriarty Medical Malpractice Lawyers
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