Atlanta Injury Lawyers Blog

After a recent appearence at the American College of Cardiology convention in Atlanta, some studies are now suggesting that Crestor may be linked to cardiomyopathy, which is a serious condition that has an effect on the muscle of the heart. Crestor is a statin, and statins reduce coenzyme levels, which causes an increased risk for heart failure. Therefore, anyone who takes statins is at risk of cardiomyopathy.

Numerous studies connect statin use to low levels of coenzyme Q10. One such study examined the level of coenzyme Q10 in people taking lovastatin (Mevacor). The researchers concluded that lovastatin does decrease tissue levels of CoQ10, which can reduce heart functioning. Patients with low tissue levels of CoQ10 with moderate or weak heart functioning who are treated with lovastatin are at an increased risk.

Coenzyme is a protective enzyme that protects the heart from failing. Since statins seemingly reduce levels of coenzyme Q10, patients need to supplement coenzyme Q10 to reduce their risk of experiencing heart failure. Another study found that cardiomyopathy caused by statins is more prevalent than documented and that discontinuation and supplemental CoQ10 can reverse such side effects.

Safyral is a birth control medication that is used by a large number of women in Atlanta. It contains drodpirenone and a supplement designed to increase levels of folate in women. But Safyral, like other birth control medications that contain drodpirenone, is being asked by the FDA to bring its label up to date by including warnings.

In December of 2011, an advisory panel of the FDA considered the safety and value of contraceptives that contain drospirenone. Among the contraceptives that the panel considered were Yasmin, Yaz, Beyaz, and Safyral. This inquiry was the result of concern over the increased risk of blood clotting women who use drospirenone are experiencing.

The advisory panel voted 15 to 11 that the benefits of birth control medications that contain drospirenone, like Safyral, offset the risks linked with its use. However, critics argue that there are older forms of birth control that are safer and just as effective as the newer ones that contain drospirenone.

However, the committee made their decision in spite of the fact that lawyers failed to provide the committee with lawsuits against Bayer that could have clearly shown the link between blood clots and drospirenone use. And that Bayer did not inform the FDA of all the cases of blood clots associated with drospirenone before it gained the FDA’s approval.

And the FDA is expected to make a determination on drospirenone birth control medications in future months. The advisory committee only advises the FDA on such matters. It is the FDA that chooses whether or not to follow the committee’s proposals.

Hospitals emergency rooms throughout Atlanta and the rest of the country are adopting a new policy of charging patients $150 if they do not have an urgent problem. Last year, over 80,000 patients left emergency rooms owned by HCA Healthcare without receiving treatment after being told that they would have to pay as much as $150 first because their problems weren’t considered emergencies.

This screening method and upfront fee is being used by hospitals in an effort to ensure that the sickest people receive top priority. While those patients who do not require emergency care are given information they can use to find a more cost-effective and efficient form of care that meets their medical needs.

HCA leads the way with this pay-first strategy that is aimed at discouraging patients with nonemergency ailments from going to the emergency room after being screened. It is now estimated that half the hospitals in the US charge this fee to reduce overcrowding in emergency rooms. However, some doctors fear that patients in need of medical attention will do without treatment because of this fee.

The American College of Emergency Physicians and patient advocacy groups pan the idea, asserting that the initial emergency room fee puts a financial obstacle between the patient and treatment. But HCA makes exceptions to the new ER fee on behalf of children 6 years old and younger, patients who are 64 years old and over, and pregnant women.

A study appearing in the Journal of the American Medical Association found that as many as one in five patients (22%) have needlessly had heart implantable cardioverter-defibrillators (ICDs) implanted against national guidelines. As a result, patients who needlessly received the implants had a considerably higher risk of experiencing complications; even resulting in in-hospital death. And these procedures are costly, unnecessarily wasting thousands of dollars in medical funds.

ICDs are usually implanted in patients with advanced heart failure in an effort to restore normal rhythm to the heart when it beats irregularly. Researchers have yet to find any advantage in implanting these devices in patients who have had a heart attack or who have undergone bypass surgery. Accordingly, national guidelines do not advise implanting defibrillators in patients who have been diagnosed with heart failure or who have short life expectancies.

Dr. Sana Al-Khatib of Duke Universities School of Medicine, the lead author of the study, alleges that some of the implants may have been appropriate; but a lot more were performed in spite of the research evidence. “It’s lack of knowledge. It’s ignorance. It’s not keeping track of the guidelines,” she explained to MSNBC.com. “And we may have some physicians who don’t agree with the guidelines or don’t think the guidelines apply to patients,” she continued.

The most recent edition of New Zealand Medical Journal Digest includes a discussion of medical doctors and a health psychologist talking about the negative side effects associated with the use of homeopathic remedies. The doctors in the article consider such treatments as arnica, colloidal silver, deer velvet, and a number of other treatments classified as homeopathic remedies to be a “waste of time and money,” and in some instances, harmful to the user.

As much as 95 percent of homeopathic products and hundreds of therapies are not backed by research or credible biologically, according to the doctors. Of these so-called remedies, the doctors expressly discussed arnica, deer velvet, the Lemonade Diet, magnets, propolis, rescue remedy, shark cartilage, and super doses of vitamin C for the treatment of cancer.

Some of these treatments, such as colloidal silver, which is advertised as aiding the immune system in the fight against cancer and HIV, could actually be dangerous. According to Dr. Holt, “Silver does have some anti-microbial actions, but not only is there no clinical evidence of an efficacy for these serious indications, products have been shown to contain widely variable amounts of silver and can cause argyria-dangerous and untreatable silver poisoning.”

Continue reading "A Word of Caution for Homeopathic Medicine Users" »

Each year, a number of people in Atlanta undergo gastric bypass surgery in an effort to lose weight. However, gastric bypass surgery is not a cosmetic surgery. It is a “last resort” procedure for persons suffering from obesity. But unfortunately, 35 to 40% of those who elect to have the procedure suffer harmful complications within the first six months following surgery.

One problem is the number of gastric bypass procedures that a surgeon can safely perform in a day. Since the need for the procedure has increased, it has become common practice for some surgeons to perform as many as five operations per day. If a surgeon performs the procedure too quickly or while he or she is too fatigued, the patient is put in danger. This can lead to medical negligence and serious, long-term injuries.

Another cause for concern is that the surgical stapler and staples used in the procedure are prone to malfunction, thus, causing fluid to leak from the gastrointestinal track into the abdominal cavity. These fluids are highly caustic and can harm other areas of the body. The Food and Drug Administration has documented some 9,000 cases of serious complications and 100 deaths caused by failed surgical staplers and/or staples used in operations.

Other complications may include:

• excessive bleeding
• hemorrhaging
• hernias
• infections
• nutritional deficiencies

Some procedures were performed in facilities that were not properly suited in caring for obese persons. Consequently, such equipment as CAT scanners, operating tables, instruments, and other diagnostic tools were rendered inadequate due to the patient’s size. In other instances, medical practitioners failed to respond in a timely manner to patient complaints or simply failed to educate patients about post surgery recovery.

As I mentioned earlier, gastric bypass surgery is used specifically to treat obesity. Therefore, it is only considered beneficial for patients who are not less than 100 pounds overweight or who have a body mass index of 40 or more. Only under certain circumstances, such extreme cases of diabetes or cardiopulmonary problems, should the procedure be performed on persons with a slightly lower body mass index. Absent these rare extenuating circumstances, performing bypass surgery on someone who is not more than 100 pounds overweight is a form of medical malpractice. Therefore, patients should be wary of surgeons who try to “sell” them the procedure.

For many people suffering from obesity, gastric bypass surgery has enabled them to lose a considerable amount of weight. However, as we have seen, a number of complications can result after the surgery. Some of these complications may even warrant hospitalization of the patient for the entire length of the treatment, and close supervision upon release from the hospital to ensure that the problems have been corrected.

Continue reading "Latest Estimate: 1 in Every 200 Gastric Bypass Surgeries End in Death" »

Ventilator alarm fatigue, or overexposure to ventilator and cardiac monitor alarms which increases the risk of errors, is finally getting the attention it deserves. The ECRI Institute now ranks ventilator alarm-related hazards right at the top of its annual list of health technology hazards. New data by the Food and Drug Administration also suggests that the time is right for a spotlighting of this phenomenon. According to the agency, more than 800 ventilator alarm-related errors occur in 2010 alone.

A new analysis by the Boston Globe finds that over the past 6 years, more than 100 people have died from ventilator alarm-related errors. According to the analysis, most of these errors occurred due to nurses’ failure to respond to a beeping alarm, and not the result of defective alarms.

Over exposure to ventilator alarms is definitely a phenomenon that deserves attention. During any given working day in a hospital, nurses are exposed to hundreds of frequently beeping ventilator and monitor alarms. Many alarms sound an alert even for slight changes in measurements that may not be serious. When this happens, nurses get used to the sound of alarms, and begin neglecting alerts. In fact, as the Boston Globe analysis shows, most of the ventilator alarm-related errors were the result of failing to respond to an alert, and occurred when the alarms were not set properly.

Continue reading "Real Concerns about Ventilator Alarm Fatigue" »

A new study finds that there can be a significant reduction in the rate of obstetrics adverse events through the use of a multifaceted quality program. The findings of the study have been published in the Journal for Healthcare Quality, and the researchers believe that comprehensive staff training programs can help improve obstetrics outcomes dramatically.

The researchers developed a two-year obstetrics safety program, which they then implemented at the North Shore University Hospital and LIJ Medical Center, NY. All staff members of the obstetrics wing of the hospitals were included in the initiative. They were required to complete a training program that included evidence-based protocols to reduce the incidence of adverse events.
The researchers found that the incidence of some of the most common adverse events that Atlanta medical malpractice lawyers come across, like a return to the operating room after delivery or birth trauma, decreased significantly after the training program was implemented. The decline was more than 50%. Before the training program, the incidence of such adverse outcomes was about 2%. After the training program, the incidence of adverse events was reduced to about .8%. The researchers also found that the staff was able to maintain these positive outcomes over a two-year study period.

Continue reading "Obstetrics Outcomes Can Be Improved with Quality Initiatives." »

A new survey of clinicians confirms to Atlanta medical malpractice lawyers that diagnostic errors are widespread and contribute to patient injuries. According to the study, close to half or 47% of the clinicians who were surveyed admitted that they encountered diagnostic errors in their practice at least every month.

Out of these, 64% of the clinicians said that up to 10% of the diagnostic errors they have made has contributed to some form of patient harm. However, the good news is that more than 90% of the clinicians believe that diagnostic errors are preventable.

The most frequent conditions in which there were errors in diagnosis included appendicitis, bipolar disorder, pulmonary embolism and myocardial infection. The most frequent misdiagnoses were for various types of cancers. The highest risks of wrong diagnosis among cancers were for breast cancer, colorectal and lung cancer.

According to the study most diagnostic errors are the result of atypical patient presentation, failure to consider other possible diagnoses, inadequate patient history, and insufficient follow-up of test results. Diagnostic errors may also be the result of over testing, medical school training that does not focus on developing problem-solving skills, poorly constructed information technology systems, and low self-confidence among physicians.

Continue reading "Diagnostic Errors Are Widespread But Preventable" »

It’s not the most comforting thought for a patient who is scheduled for a hospital visit. A couple of recent studies indicate that seemingly innocuous items in a hospital, like doctors’ and nurses’ clothing or hospital curtains may be teeming with deadly infection-causing bacteria.

It’s not as if Atlanta medical malpractice lawyers are not aware that surfaces can be contaminated in hospitals. However, you don't expect your doctor’s or a nurses’ uniforms to be covered with MRSA. Yet a study conducted by researchers in Jerusalem found exactly that. They swabbed these uniforms, and analyzed the samples. They found potentially dangerous infection-causing pathogens on more than 60% of the clothing that they tested. Nurses’ uniforms were found to be much more dangerous, with 65% of the uniforms testing positive for pathogens, compared to 60% of doctors’ scrubs.

The researchers are quick to point out that there may be no need to worry, because there is minimal chance of infection from doctors’ or nurses’ clothing. However, considering the unchecked spread of hospital-acquired infections in the country, hospitals need to be setting stricter standards about staff changing uniforms every day, because this seems to reduce the growth of pathogens.

Continue reading "Hospitals Are Breeding Grounds for Infection-Causing Bacteria " »

According to the Centers for Disease Control and Prevention, about one in twenty patients who are hospitalized for treatment, will contract a hospital-acquired infection such as MRSA. In spite of those scary statistics, patients in Georgia still do not have access to the kind of information they need to make a safe choice while choosing a hospital.

Georgia's laws do not require hospitals to share information about infections in their facilities. Hospitals are only required to notify Georgia's public health officials about an outbreak of an infectious disease like tuberculosis, but are not required to report infections that occur in patients who have been admitted into the hospital for treatment.

Atlanta medical malpractice lawyers hope that that will soon change. The Georgia Department of Public Health has kicked off a program aimed at preventing the kind of hospital-acquired infections that occur in Georgia's hospitals daily. The hope is that at some point, the system will also allow a statistical record of infections. However, all that is in the future, and currently, patients in Georgia have no way of ascertaining the safety of the hospital they are considering.

Continue reading "Atlanta Patients Don't Have Access to Essential Safety Information" »

A study recently published by the New England Journal of Medicine found that 1 in 5 medical malpractice claims results in recoveries. Some of the findings of this study are not surprising, such as: 1 in about 15 doctors are sued each year; that lawsuits on behalf of victims who are children result in higher recoveries; and that specialists are sued more often than general practitioners.

As a medical malpractice lawyer in Georgia, the study puzzles me because it fails to point out that only a fraction of the victims of medical malpractice file lawsuits or make a claim on the doctor's insurance company. The reason for this is simple: the cost to pursue a medical malpractice claim (i.e., expert witness fees and trial preparation fees) is so high that only the cases with the most egregious facts that result in catastrophic injuries can be brought by attorneys.

While these statistics may be accurate, it should be noted that most medical malpractice cases with merit are resolved favorably--if in the hands of a competent lawyer. These types of studies should not dissuade those who have been seriously injured in Georgia due to medical negligence from having their case reviewed by a competent lawyer who specializes in medical malpractice.

Continue reading "Atlanta Medical Malpractice Attorney Discusses Recent Study" »

A 5-year-old Georgia girl died after being administered a lethal dose of the local anesthesia called lidocaine in June of this year. The girl's family had taken her to Family Medical Clinic after she broke her arm in an accident. While trying to set her arm, the clinic workers gave the child too much lidocaine and she died.

As an Atlanta personal injury law firm which specializes in medical malpractice, we have seen a recent proliferation of injuries and deaths caused by improper delivery of anesthesia. Many of these injuries are caused by dentists who are causing nerve injuries by using an anesthesia called Septocaine. Our Atlanta Dental Malpractice lawyers are currently representing clients who have been injured in this fashion, either by the dentist severing the lingual or inferior alveolar nerves during the injection or by the nerves being damaged by the anesthesia itself. In either case, the nerve damage is often debilitating and permanent. This results in permanent numbness and pain in the tongue, chin, lips, cheeks, teeth and mouth.

Continue reading "Georgia Girl Dies from Anesthesia Overdose" »

It's not the kind of case that Atlanta medical malpractice lawyers often come across. A Gwinnett County man has filed a lawsuit alleging medical malpractice against his son’s psychiatrist. The case has triggered debate over whether a criminal suspect's family is eligible for damages in a civil action.

The son, in this case, is mentally ill, and has been charged with stabbing his mother to death. In 2001, the son, Victor Bruscato began receiving treatment for a number of conditions, including violent tendencies, from Dr. Derrick Johnson in Gwinnett County. The treatment seemed to help Bruscato, and expert witnesses testified as much during the trial.

In May 2002 however, O'Brien eliminated at least two powerful medications from Bruscato’s medication program, because he believed that these could be contributing to the development of dangerous symptoms. Soon, Bruscato’s mental condition began to worsen. He suffered recurrent nightmares, and began hallucinating that the devil was ordering him to do bad things.

Continue reading "Gwinnett County Man Files Medical Malpractice Lawsuit over Wife’s Murder" »

As an experienced Atlanta medical malpractice attorney, I know that there are many different forms of medical malpractice.

The five most common forms of medical malpractice are:
1) Sub-Standard Care: when the medical care received falls below the level of skill, expertise, and care practiced by other physicians in the same or similar community under similar circumstances (e.g. the doctor makes a mistake in surgery).

2) Bad Diagnosis: when a doctor delays or fails to diagnose a condition or disease or treats a patient for a condition or disease he or she does not have. These cases are actionable if the doctor's mistake has resulted in injury or the progression of a disease beyond that which would have resulted from a timely diagnosis or if the unnecessary treatment or medication has harmed the patient.

3) Bad Treatment: when a doctor correctly diagnoses the patient's condition but either fails to treat the problem entirely, dismissing the presenting symptoms as temporary or minor, or fails to treat the problem properly (e.g. attempting a less successful novel treatment in place of a more conventional one).

4) Unauthorized Treatment: when a doctor in a non-emergency situation fails to obtain informed consent from the patient or patient's family member. Virtually all states now require doctors to provide patients with information about their medical conditions, prognosis, treatment choices, and the risks of each treatment option. The information must be in plain language that can be readily understood and sufficient to allow a patients to make an informed decision about his or her medical care. A doctor who fails to obtain informed consent may be charged with a civil fine or criminal offense such as "battery," or may be at risk for a medical malpractice suit. However, for a plaintiff to prevail in a medical malpractice suit, she must be able to show that she would not have opted for the treatment or procedure had she known of the risk that was not disclosed.

5) Breach of Doctor-Patient Confidentiality

If you feel that you have been the victim of medical malpractice and wish to sue, you should know that the doctor who has been negligent may not the only potential defendant. The hospital where the doctor is employed or the private medical partnership to which the doctor belongs may be vicariously liable for the doctor's negligence.

Unfortunately, you should also know that in medical malpractice cases, the burden on the plaintiff to show that the doctor has behaved negligently is extremely high. This means that not all instances of medical malpractice are actionable, even if the plaintiff's have suffered serious damages. To find out whether your medical malpractice claim is likely to be successful, contact an experienced Atlanta Medical Malpractice Lawyer.

Continue reading "Common Forms of Medical Malpractice" »

Since 1950, the law has protected military medical personnel from lawsuits even when they have committed medical malpractice. The law, commonly referred to as the Feres Doctrine, has been widely viewed as unfair and not sound.

Now, the Feres decision is once again in front of the United States Supreme Court, which has asked lawyers from both sides to supply more information prior to deciding whether to overturn the Feres decision. We find a ray of hope in Justice Scalia's comment in a similar case that was heard in 1987, "Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received."

The fundamental problem with the Feres decision is that it extended the prohibition against military personnel for suing the federal government for battle-field injuries to any injuries "incident to military service." This was not the intent of the law and this is why so many proponents of veteran's rights are calling for the change.

Continue reading "Immunity For Medical Malpractice Being Fought By Veterans" »

The latest news on the Healthcare Bill is that a federal judge recently struck the whole thing down as unconstitutional on Monday. The judge did not, however, enjoin the federal government from continuing to enact the law. The Justice Department is going to appeal, and the case will likely be heard right here in Atlanta before the 11th Circuit. In the meantime, people continue to wrestle daily with the complexities of insurance and hospital bills.

Continue reading "Healthcare Overhaul Case May be Heard in Atlanta" »

Atlanta medical malpractice lawyers and doctors have not exactly been unaware of the fact that hospital errors spike substantially in the month of July. There is even a name for this phenomenon, and it's called the July Effect.

Studies conducted earlier have shown a substantial increase in medication errors in the month of July, but there have been no conclusive results from these studies. However, doctors have always believed that this increase is because of inexperienced new medical residents, who turn up at hospitals in July. A new study now confirms this.

Continue reading "Researchers Confirm July Effect: Increase in Medication Errors" »

The Georgia Supreme Court unanimously set aside a Georgia law that limited the amount of money a jury could award to victims of medical malpractice. No longer will those injured by medical negligence in Georgia be subjected to the $350,000 cap on pain and suffering set be the Georgia legislator.

The Court emphasized in its decision that the cap on non-economic damages violated the constitutional right to a jury trial which is mandated by the Georgia Constitution. This is a large victory for those injured in medical malpractice cases. Equally important, the decision seems to have sent a clear message to the Georgia legislators that attempts to pass new laws with similar limits will not be upheld by the Court since the right to a jury trial is derived from the Georgia Constitution.

Continue reading "Limit on Georgia Medical Malpractice Damages Struck Down" »

A 28 year-old woman visited a dental clinic to have 3 upper molars removed. Due to a mistake by the dentist and clinic, the dentist negligently removed all of the woman's upper teeth. Article.

Because of this clear case of dental malpractice, the victim has lost all of her upper teeth (of which 13 were apparently in good condition), endured tremendous amounts of pain; will be forced to undergo future corrective surgeries, and suffered from potential future medical complications such as her sinus cavity sagging due to the missing teeth and her facial bones moving because of the decreased bony structure.

Recently, a jury awarded the victim $2 million in damages. The money will be used to compensate this victim of dental malpractice for her pain and suffering and loss of her body parts; and to help finance the future dental procedures, gum surgeries, and other corrective procedures that the woman must undergo in order to replace all of her upper teeth.

Continue reading "Dental Malpractice Results in 16 Pulled Teeth" »

Reglan Side Effects

On January 26, 2009 the FDA issued an alert warning against chronic use of any medication containing metoclopramide, the most widely know being Reglan. Reglan can cause a serious and potentially life-threatening neurological disease known as tardive dyskinesia.

Tardive dyskinesia is more likely to occur if Reglan is used for longer than 3 months or when used in the elderly (especially elderly women). Tardive dyskinesia causes uncontrolled bodily movements of the face, mouth, tongue arms or legs. These uncontrolled movements can be permanent. You should seek medical attention immediatetly if you have been taking Reglan and are experiencing any uncontrolled bodily movements. There is no treatment for tardive dyskinesia, but in some cases symptoms may lessen or stop once use of the drug is stopped.

Especially at risk are patients who have been prescribed Reglan for acid reflux, pregnant woman who were prescibed Regland for morning sickness, breastfeeding mothers, elderly woman, and children who were prescribed Reglan for nausea caused by migraine headaches.

Metoclopramide is available in several forms including:

• Reglan Tablets
• Reglan Oral Disintegrating Tablets
• Metoclopramide Oral Solution
• Reglan Injections

Continue reading "FDA Warnings Regarding Reglan" »

I would like to start off by wishing all of our proud and deserving Georgia veterans a happy and healthy 4th of July, or more appropriately, Happy Independence Day. Without these brave veterans, we could not celebrate this day. Any celebration would not be complete without acknowledging their heroic efforts and monumental sacrifices in all of our wars and "police actions."

I am a proud Army veteran. I joined the army at the age of 17. I signed up for a two year enlistment. I proudly served my Country as a Military Policeman. But, fortunately for me, the Army gave me so much; much, much more than I gave back. In exchange for two short years of service, I received the opportunity to go to college and to make something of myself. After all, I was able to complete my Army tour and finish college in about the same time it took to simply go to college. However, not all of our veterans are as fortunate. Of course, too many have given the ultimate sacrifice while defending our Country, their lives. Many have suffered crippling physical injuries while defending our Country. Many more have suffered horrific emotional injuries from the ravages of war. Clearly, these worthy veterans gave much more to our Country than they received. We owe them our deepest gratitude. What made me think of this was a recent visit I had with a great American and staunch Veteran Advocate, Marshall Berman.

A few weeks ago, we had the pleasure of hosting a small brunch for Marshall and his family. Marshall is a special person. You see, he cares a lot about other people, and one of his life-long goals is to help our military veterans. He has done great things for our veterans in the past. For instance, while he worked at the Georgia Department of Labor, Marshall was instrumental in improving the lives of our south Georgia military veterans by making it more convenient for them to receive the medical and employment-related services many of them so dearly needed.

What is especially fascinating about Marshall is that, at 70 years old, he has more energy and drive than anyone I know. He is always thinking; always trying to improve; always trying to help; always trying to "make a difference." And most often, his efforts are directed at helping our deserving veterans. When we last visited, Marshall was concerned. He deals with needy veterans on a daily basis. He knows that many Georgia veterans need legal help. Yet, he also knows that many of our Georgia military veterans don't have the resources to hire quality lawyers to assist them. The end result, is that many Georgia veterans "go without." They go without the assistance of quality lawyers to advise and counsel them. They go without simple things like wills. They go without knowing their legal rights when they are involved in car accidents, harassed by debt collectors, taken advantage of in the business world, injured on the job, wrongfully accused of crimes, and in many other instances.

I share Marshall's concern about this situation and I am committed to coming up with a solution that will enable our deserving Georgia military veterans to have access to quality legal help when they need it. But until then, please join me in wishing them a Happy Independence Day. They deserve it!

In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first three elements of this type of case i.e, duty, breach and causation.

Today we will discuss the fourth element of a Georgia Medical Malpractice Case, i.e., damages. Once the other elements are proved, the measure of damages includes not only compensation for actual bodily injuries, but also damages for pain and suffering. The amount of the damages awarded is determined by the general principles which govern other actions for personal injury in Georgia. Common damages that a medical malpractice victim can recover in a lawsuit are past and future medical bills incurred due to the injuries caused by the medical malpractice, past and future lost wages, compensation for the bodily injuries sustained, and compensation for the pain and suffering caused by the medical malpractice.

In medical cases individual health care workers can be held liable for no more than $350,000 in non-economic damages (mostly pain and suffering). Even though this is true, many times damages in medical malpractice cases are recoverable well past this amount, since the other types of damages are not capped.

If you are considering pursuing a medical malpractice claim in Georgia, you should consult with counsel who understands the nuances of Georgia Medical Malpractice law. At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Please contact us today so that we can help evaluate your case.

In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first two elements of this type of case i.e, duty and breach.

Today we will discuss the third element of a Georgia Medical Malpractice Case, i.e., causation. In this respect, a Georgia medical malpractice case is no different than any other legal cause of action in Georgia. Simply put, in order for a person to prevail in a medical malpractice lawsuit, they must prove that the malpractice caused the injuries that they are complaining of in the lawsuit. Many times, it is necessary for the plaintiff to hire a medical expert to opine on causation and this issue is often hotly contested.

Often, the best testimony regarding causation is obtained from subsequent treating doctors, as they are in the best position to make such a determination. With that said, we have covered another essential element of a Georgia medical malpractice case, i.e., causation.

If you are considering pursuing a medical malpractice claim in Georgia, you should consult with counsel who understands the nuances of Georgia Medical Malpractice law. At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Please contact us today so that we can help evaluate your case.

In previous articles, we have discussed the general overview of a Georgia Medical Malpractice Case and the first element of this type of case i.e, duty.

Today we will discuss the second essential element of a successful medical malpractice claim, i.e, breach of duty. A doctor, nurse or other medical care provider has a duty to exercise a reasonable degree of care and skill when providing medical care. By falling below this minimum level of care, a doctor, nurse or other medical care provider breaches the duty owed to the patient. In legal terms, the doctor, nurse or other medical care provider must exercise that degree of skill and care "which under similar conditions and like surrounding circumstances is ordinarily employed by the medical profession generally." Put another way, there is a minimum level of care that all medical providers are required to provide to their patients, if a doctor fails to meet this minimum, he breaches his duty to the patient.

Some of the more common breaches of the standard of care are:

At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Without questions the number one way in which doctors breach their duty of care and commit malpractice is by failing to adequately communicate. This could be doctors not communicating care instructions to other doctors involved in the care and treatment of the patient, a patient "slipping through the cracks" when released from the hospital and not receiving the proper follow up care, a patient not being properly instructed upon discharge as to what she must do after her stay in the hospital and a whole host of other instances.

Another area in which medical providers commonly breach their duty to patients is what we call "sloppy medicine." This includes common medical errors such as prescribing the wrong medication or the wrong amount of the correct medication, not properly filling the prescribed medication, surgical errors, and, as hard as this may be to believe, operating on the wrong body part.

All of the above situations can result in medical malpractice. Doctors provide an invaluable service to our society. Unfortunately, a small fraction of them do not provide the proper care and treatment that every patient deserves and expects. This is when an essential element of medical malpractice, i.e., duty, is breached. Medical malpractice lawsuits are in place to help compensate patients who have been injured due to malpractice.

The first element of a Georgia medical malpractice claim is duty. More specifically, "duty" means a legal obligation to conform to a standard of conduct or standard of care. Of all the elements we will discuss, this is often the easiest to prove. If a doctor treats a patient, a doctor- patient relationship exists. Once the relationship exists, the doctor has the duty to treat and care for the patient in a manner that a reasonably prudent doctor under similar circumstance would. The relationship between a health-care provider and patient is established when a patient knowingly seeks the care of a health-care provider and the health care provider knowingly accepts the patient for treatment. http://www.lawriter.net/cgi-bin/texis/web/caselaw/+lQeDKWFezxbnme7i2wezyAxwwxFqEnAo5n3AtKV1MG5coDwGzwDKWqvIFqqHE/svindex.html?doc=1

Absent unusual circumstances, the doctor-patient relationship is usually present, so we will focus more on the other elements of the Georgia medical malpractice claim in future posts.

Generally speaking, medical malpractice cases in Georgia are governed by the same basic principles as other negligence cases, with a few added requirements. In fact, while the term, "medical malpractice" is widely used and accepted by lawyers and non-lawyers alike, "medical negligence" is perhaps a better term because it more cogently conveys what this type of case is all about, i.e., negligence on the part of a medical provider that results in injury to the patient.

The basic elements of negligence in Georgia are (1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the breach of this duty and the resulting injury; and (4) some loss or damages suffered by the plaintiff as a result of the negligence. Strickland v. Vaughn, 221 Ga. App. 636 (1996).

In the following entries, I will examine each area in more detail. In turn, this will uncover the basic elements of a medical malpractice claim and shed some light on why some bad outcomes do not lead to meritorious cases while other most certainly do.

At Robert J. Fleming, PC, we receive many calls from potential clients and referring attorneys regarding medical malpractice claims. Evaluating these cases is a "necessary evil" of our practice. Most callers report horrible injuries such as loss of limb, death of the patient or of an unborn child, loss of bodily functions, loss of sight, paralysis... The list is endless and truly troubling. According to the National Institute of Medicine, over 98,000 American deaths each year are caused by medical errors. However, it should be noted that not all bad medical outcomes are due to malpractice and, possibly an even more troubling truism, not all instances of "sloppy medicine" lead to actionable medical malpractice cases.

This is the sad reality in which we operate. Medical malpractice cases are expensive to litigate, take a long time to prosecute and require a tremendous amount of dedication and resoursces to pursue. With that said, there still are many meritorious cases; many cases worth pursuing and many instances in which justice requires (perhaps demands) that a lawsuit be filed. In the next few posts, we will help you separate the wheat from the shaft and better understand the type of medical malpractice case that should be pursued.