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  • How Long Will my Case Take? Attorney Todd Henningsen discusses what factors affect how long a personal injury case may take.
  • Jury Trial vs. Settlement Mr. Henningsen talks about how a personal injury lawyer from the firm will be able to see whether or not taking the settlement would be the best option for you or if you should go to court.
  • Seeking Compensation Mr. Henningsen talks about seeking compensation if you have been involved in a personal injury related accident.
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What Constitutes Malpractice?

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What Constitutes Medical Malpractice?

Legal Insight from Atlanta Malpractice Attorneys

Are you unsure about whether or not medical malpractice caused your injuries? Henningsen Injury Attorneys, P.C. can offer you counsel and insight about the laws. By its legal definition, medical malpractice occurs when a healthcare provider neglects to provide a patient a standard duty of care or ignores the basic tenets of the practice. While there are many types of injuries that that can fall under this term, having the knowledge and familiarity of the laws can be immensely beneficial for making a claim.

Receive your free consultation from our Atlanta injury firm today.

The Elements of a Medical Malpractice Claim

As a victim of injury, you have the right to seek justice for wrongdoings that were not your fault. Injury claims, specifically medical malpractice, must meet certain requirements in order to be eligible to file. As the person who is making the claim, the burden falls on your shoulders to prove that your injuries were linked to the health care provider’s negligence. Below, our Atlanta medical malpractice attorneys offer an expanded discussion about the claims process.

Here are the essential elements that must be present in all claims:

  1. Patient-Doctor relationship. You had an established patient-practitioner relationship, and the doctor, nurse, or another medical professional acknowledged that you were relied on their care.
  2. Duty of care. The medical care professional understood that he or she, by law, must perform functions of their job under the accepted standard of medical care.
  3. Breach of duty of care. The practitioner violated your trust as a patient and did not provide the duty of care as expected. He or she may have acted in a way that would not be considered acceptable by standard practice.
  4. Malpractice was the cause of injury. You must prove that malpractice occurred and that it was the source of your injury. You may need to provide evidence to support the claim, which might include medical documentation or testimony from expert witnesses or other practitioners.
  5. Details of the damages caused. The most important element in your claim must show that you had to receive additional medical treatment to recover from the damage done.

At Henningsen Injury Attorneys, P.C., we are attorneys that work solely for the interests of your clients, especially if you believe you are entitled to compensation. We have a client-centered, results-driven philosophy. If you are ever unsure about the laws and if your case applies, reach out to us!

Our Atlanta medical malpractice lawyers have recovered millions of dollars in compensation. Contact us for legal representation today.

What People Are Saying About Henningsen Injury Attorneys

"Todd worked on my case non-stop for almost three years and reached a great settlement at the end. It was a complicated case (motorcycle accident) and he worked very hard on it . He carries himself very well and is very knowledgeable. He does his homework and research on your case down to the last detail. I would highly recommend this attorney for any personal injury case! Great honest man!!"