Medical negligence is a serious threat to the health, future, and wellbeing
of medical patients across the United States. According to the National
Center for Biotechnology Information,
Since the 1960s the frequency of medical malpractice claims has increased;
and today, lawsuits filed by aggrieved patients alleging malpractice by
a physician are relatively common in the United States. One survey of
specialty arthroplasty surgeons reported that more than 70% of respondents
had been sued at least once for medical malpractice during their career
If you believe that a doctor (or other member of the medical field) committed
an act of negligence and hurt you, you may have grounds for a medical
negligence claim. With the help of a personal injury attorney, you may
be able to collect financial compensation for:
- Doctor's visits
- Future medical expenses
- Missed wages
- Noneconomic damages
If you lost a loved one at the hands of a negligent doctor, you can sue
the responsible care provider / hospital on behalf of your loved one through a
wrongful death claim.
Proving medical negligence starts with "duty of care;" the idea that doctors, nurses, surgeons, etc. are responsible –
to the best of their ability – for their patients' health. A
doctor commits medical malpractice when he / she breaches duty of care.
A successful medical malpractice case is built on four elements: duty of
care, breach of duty, injury, and damages. In order to collect money for
your accident, you must demonstrate that the doctor, hospital, etc. owed
you duty of care. Then, you must show that the other party acted negligently,
breaching the duty.
If the other party committed an act of negligence but the negligence was
not responsible for your injury, you do not have a valid claim for medical
neglect; the malpractice must be directly responsible for your suffering.
Finally, you must be able to demonstrate that the injury resulted in damages,
such as medical bills or pain and suffering. According to the National
Center for Biotechnology Information, most medical negligence cases take
economic damages (medical costs, etc.) and noneconomic damages (paint
and suffering) into consideration.
Medical Negligence and the Doctrine of "Res Ipsa"
Proving medical malpractice is difficult, especially since medical reports,
etc. are often written by the accused doctor or nurse. U.S. law recognizes
this fact and allows victims of medical malpractice to apply the doctrine
of "res ipsa loquitur" to their cases; a Latin phrase that translates
to "the thing speaks for itself." In short, this doctrine implies
that the victim doesn't need to show absolute proof of negligence;
he / she only needs to prove that the injury could have been avoided if
the defendant acted differently.
Res Ipsa lessens the plaintiff's burden of proof. In order to employ this doctrine,
the plaintiff must show that:
- The plaintiff did not cause the injury
- It is impossible to obtain evidence of the malpractice
- The type of accident, injury, or illness does not occur without negligence
- The defendant(s) controlled the circumstances that led to the injury
- The injury could not have occurred under circumstances outside of the defendant's control
If the court invokes the doctrine of
res ipsa loquitur, you are no longer hold the burden of proof; instead, the defendant is
responsible to show that he / she did
not commit an act of negligence.
"How much is my medical malpractice case worth?"
If you suspect that your injury was caused by medical neglect, you probably
have a lot of questions about your rights as an accident victim, such
as "How much is my case worth?" United States law does not designate
an amount of money that you can collect for medical malpractice. In fact,
every negligence settlement is determined by the unique facts surrounding the case.
Factors that can affect the value of your claim:
- How much money do you owe in medical expenses?
- How much money did you lose by missing work (lost wages)
- How much money will you need for future medical costs, care, and procedures?
- Did the injury result in significant mental anguish, pain, or suffering?
Contact Henningsen Injury Attorneys, P.C. to learn more about your legal rights and options with our firm. We believe
that careless doctors, nurses, surgeons, and other care providers should
be held responsible for their actions.
Call our office for FREE evaluation of your case. You can also fill out an online
case evaluation form to contact is directly. Take the first step toward the compensation
that you deserve and speak with our Atlanta medical malpractice lawyers
today. For additional information about medical malpractice lawsuits in
Atlanta, GA, please
visit our medical malpractice page.
3405 Piedmont Road Northeast #500
Atlanta, GA 30305