Is It Worth Suing for Medical Malpractice in Atlanta?
When you visit a hospital, you expect to receive safe and competent care. Unfortunately, medical mistakes can and do happen, and sometimes they lead to serious harm. In Atlanta, many of these occurrences are not just mistakes, but instead rise to the level of malpractice. When this happens, you might wonder if you should take legal action. You might ask, “Is it worth suing for medical malpractice?” There is no straightforward answer to this question because the answer depends on your specific circumstances. In this article, we explain when it might be worth filing a medical malpractice lawsuit and the factors to consider before suing.
What Counts as Medical Malpractice in Atlanta?
The first step in determining whether it is worth pursuing a medical malpractice claim is understanding what counts as malpractice. In Atlanta and Georgia at large, medical malpractice happens when a medical professional fails to provide the medical care that meets the accepted standard of care, resulting in harm to the patient. Just because you did not get the results you expected does not mean malpractice happened. For your case to rise to the level of malpractice, negligence must have been involved.
Examples of medical malpractice include:
- Failing to make a correct diagnosis or delaying a diagnosis
- Mistakes during surgery, such as performing the wrong procedure or operating on the wrong body part
- Medication errors, such as prescribing the wrong medication
- Failure to treat
- Failure to order necessary tests or follow up
When Might Suing Be Worth It?
Malpractice victims often face physical, emotional, and financial hardships. However, not all cases justify the time and expense incurred in filing a lawsuit. Filing a medical malpractice lawsuit may be worth it if:
- You sustained a permanent disability or disfigurement
- You face significant ongoing medical expenses
- There is strong evidence of negligence
- You cannot work or support your family due to the injury
- The damages are significant
Generally, before deciding whether it is worth suing for malpractice, you should weigh the severity of the harm or potential compensation against the difficulty of pursuing your claim.
Challenges of Pursuing a Malpractice Claim
Medical malpractice cases are some of the most complex personal injury cases. Before deciding whether to sue for malpractice, it is crucial that you understand the challenges you might face if you choose to proceed. Here are some of the challenges of pursuing a malpractice claim in Atlanta:
- High Legal Standards: You must show a healthcare provider failed to meet the accepted standard of care and that failure caused the injury. This requires expert witnesses.
- Strict Deadlines: Under O.C.G.A. § 9-3-71, you usually have only two years to sue for malpractice. Late filing can mean losing your right to sue.
- High Costs: The costs associated with investigations, expert testimony, depositions, and a trial can be high. Although your attorney will typically advance these costs, they ultimately come out of your recovery from the defendant.
- Emotional Strain: A lawsuit can take years to resolve. This can be emotionally overwhelming if you are already dealing with recovery.
Considering these challenges, it may not be worth pursuing a malpractice case involving a minor injury or a case where the damages are relatively small.
A skilled medical malpractice attorney can assess your case and help you determine if it is worth suing for malpractice.
Contact Us for Legal Guidance
Contact our experienced Atlanta medical malpractice attorney at Carroll Law Firm for help evaluating your case and determining whether legal action is warranted.
Source:
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