Life is precious and should never be taken for granted. In many cases, we look up to qualified Atlanta medical personnel who know how to deal with various medical conditions to maintain our overall well-being. These are the professionals in who we put our trust whenever we need medical assistance, and the trust is justified in most cases. The field of medical practice, just like any other sector, is prone to errors and a level of risk. Particularly, misleading diagnoses and poorly done surgeries are bound to happen at some point. In such cases, patients are utterly frustrated knowing that they had their full trust in such Georgia medical practitioners.
Kenneth S. Nugent, P.C.
1355 Peachtree St NW #1000, Atlanta, GA 30309
Going by the statistics on the various death causes in America, medical negligence ranks third after cancer and heart disease. In Atlanta, the situation is no different from this saddening ordeal of medical malpractice.
What does medical malpractice mean? Precisely, medical malpractice is when a health practitioner or medical institution does contrary to what is recommended by regulations and the recommended standards of care. This could mean neglecting or overlooking certain details or practices that eventually lead to the death of a patient. Our Atlanta Law firm handles personal injury claims, and we ensure that our clients get their much-deserved compensation and justice.
Medical malpractice encompasses many things. For a medical malpractice claim to be valid, it must be characterized by the following:
- Standard of Care Violation. In the medical field, some standards have been accepted universally, recognized by the law, and therefore apply to all medical treatments. Generally, these standards represent what a proficient and cautious healthcare provider is expected to do or not to do. This is known as the standard of care. It can also be seen as the expectation of patients, who know well that their doctors will give them the best healthcare services. Whenever there’s prove of deviation from the standard of care, the patient has the grounds of making a claim.
Healthcare providers ought to use approved equipment and techniques when treating their patients to prevent potential injuries. They should also anticipate any unexpected occurrences when treating patients. With their knowledge and experience, they should prevent common risks to keep their patients safe. Failure to observe the accepted standard of care might amount to insufficient medical care, especially when carrying out surgeries, making prescriptions, not disclosing any risks involved in treatment, and failure to get consent for treatment, among other situations.
For a gainful medical malpractice claim, it is important that you provide sufficient evidence that the resultant problem could have been prevented if another competent medical practitioner had done a similar procedure using the same technique and equipment. It is also mandatory that you prove that the procedure was the main cause of your injury.
- The injury was caused by the injury. Providing evidence a medical practitioner failed to observe the standard of care may not be enough to prove the validity of your claim. As the complainant, you will have to prove that the injury suffered could have been prevented if only the medical practitioner weren’t negligent. Simply put, one cannot claim medical malpractice because a medical procedure resulted in a bad outcome. You have to prove that negligence was the immediate cause of the injury. If negligence didn’t directly lead to the injury suffered, then the case may be invalid.
- The injury resulted in significant damages. Medical malpractice cases involve many hours of collecting statements and a lot more medical activities, these suits are typically time-consuming and expensive to formally solve. For a case to be considered valid, the complainant should present evidence that the injury suffered as a result of medical malpractice and resulted in huge damages.
Pursuing some of these cases may not be worth the hassle, especially where the costs involved are greater than the amount that is likely to be compensated. To stand a chance for compensation in a medical malpractice claim, the complainant must show that the injury suffered resulted in distress, hardship, loss of wages, hardship, or accumulated medical bills.
At Kenneth S. Nugent, P.C., we can help you get all the relevant evidence together and present a strong claim in a bid to get your life back. What’s more, we believe and work on a ‘no win, no fees’ policy. As such, you don’t have to worry about any legal fees and will ensure that we offer you the best legal representation for your case.
Unlike personal injury cases, there has to be proved beyond doubt about the medical practitioner’s negligence. From a legal viewpoint, an undesirable medical outcome doesn’t necessarily mean that something wrong was done in the course of treatment. What’s important is proving whether the medical practitioner was negligent.
Medical negligence encompasses many things that could go wrong in the treatment process. However, when a medical practitioner breaches the duty of care, then there are questions to answer. We help our clients by substantiating claims and presenting the necessary evidence to ensure that their case is heard. Here are some of the medical malpractice claims we can help you with at Kenneth S. Nugent, P.C.
- Medical Misdiagnosis
A misdiagnosis can take various forms, as in most personal injury claims. In some cases, it occurs when the medical practitioner doesn’t do treatment, fails to examine the patient accurately, diagnoses the patient with the wrong medical condition, or misinterprets test results. Numbers indicate that these situations occur in most medical malpractice cases compared to surgeries and prescription errors.
Some of the most misdiagnosed medical conditions include pulmonary embolism, heart attack, stroke, thyroid conditions, and Lyme disease. In other cases, these conditions may reveal themselves in peculiar ways that may be easy to miss unless the medical practitioner was specifically searching for them. In such cases, negligence is usually ruled out – it only amounts to negligence when another doctor with the same level of knowledge and training can detect the exact issue.
- Anesthesia Errors
To most people, surgeries are terrifying ordeals. The thought of the many mistakes that can happen when on the operating table makes it even more frightening. Anesthesia is a vital component in surgeries but can also become risky. It is essential for most surgeries and should be administered by an authorized anesthesiologist. Before administering anesthesia, the professional should go through your medical records and history, history of medication, allergies, and also consider the duration of the surgery.
In some cases, patients can wake up before the surgery is concluded, the anesthesia may affect the spine or nerves, and in some instances, there may be improper regulation of the blood pressure, which may easily result in a stroke or brain damage. In such cases, a patient may be entitled to make a legal claim, and working with a qualified lawyer at Kenneth S. Nugent, P.C. proves to be very fruitful.
While surgical errors are not common among patients, they are of ill-repute compared to other medical malpractices. Patients who undergo surgeries that last many hours expect that the process will be done by a qualified, capable, and experienced professional. As mentioned earlier, surgeries can be frightening procedures, and the thought of a mistake by the surgeon, while you’re on the operating table, makes the thought even worse. However, mistakes happen, and some of the most common ones include:
- Operating on the wrong patient.
- Failure to regulate bleeding.
- Risky surgeries that are not approved by the medical body.
- Leaving medical equipment or substance inside the body.
- Using poorly sterilized surgical equipment.
Surgical errors can easily result in death and occur when a medical practitioner fails to observe the regulations put in place, conducting the wrong surgery, or wrongly interpreting your chart.
- Birth Injuries
For most families, this is one of the most devastating malpractices to endure. While some childbirth injuries are insignificant and can heal over time, others prove to have a large impact on the child’s life. The thought of waiting for your newest member of the family, preparing for their arrival, probably giving them a name in advance, imagining what they could become in the future, crafting a beautiful nursery, and then having to deal with their injury at birth is utterly devastating.
When a medical practitioner makes such an error, the mother may also suffer injuries, including hemorrhaging, while in labor. Other injuries that may occur include placental abruption, wrongly done episiotomies, insufficient oxygen supply for the baby, improper use of equipment, or injury to vital organs when performing a Caesarean section procedure.
- Delayed Diagnosis
Delayed diagnosis is somewhat similar to misdiagnosis, and occurs when a medical practitioner fails to diagnose a health condition in good time. Over time, the condition gets worse and might even become irreversible. In the case of conditions such as cancer, delayed diagnosis can easily be detrimental to the patient’s health.
If a medical practitioner offered the wrong treatment, such that a different practitioner wouldn’t approve of the treatment, then the patient stands legal ground to make a claim for delayed diagnosis. Of course, such a case requires the patient to prove that the medical condition would not have gotten worse had the diagnosis been made earlier, and treatment started.
Medical negligence may occur when a patient is going through a medical procedure. In such cases, you will need the best legal representation, and hiring a lawyer from Kenneth S. Nugent, P.C. ensures the best representation. Whenever you or your loved one suffers injury resulting from medical negligence, hiring a proficient Atlanta Medical Practice Attorney comes in handy in your claim.
Why Work With Ken Nugent’s Atlanta Legal Team?
Medical malpractice claims are normally complex and draining legal processes to get involved in. The plaintiff has to fast-track some of the processes right from the start to validate their claims. Fortunately, working with our law firm helps take the burden off your shoulders, given the help of our qualified and experienced lawyers. We ensure that you take the right path by:
- Working with medical experts to get neutral and trustworthy information regarding the medical care you received to counter any wrong claims made by the treating medical practitioner Such medical experts can help prove any incompetence that directly led to your injury.
- Helping you get quality medical care from proficient doctors.
- Ensuring you are compensated for the injuries suffered.
- Giving you quality representation without paying any fees until the case is concluded.
In case you have suffered injuries from a medical procedure that has gone wrong due to negligence or poor judgment by a medical practitioner, it is advisable to seek the help of legal experts like the Atlanta-based Kenneth S. Nugent, P.C. team to help you make your claim. We have years’ experience representing patients who have suffered physical or mental injuries due to negligence. Call us today at 1-888-579-1790.