Were you or a loved one injured by a doctor’s mistake in Augusta, GA? If the error was serious enough, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. A skilled Augusta medical malpractice lawyer at Hawk Law Group can help you seek fair compensation for your losses.
We have over 30 years of experience standing up for victims’ rights in the CSRA–and our legal team has recovered millions of dollars in compensation for our clients.
How Hawk Law Group Can Help With a Medical Malpractice Claim in Augusta
To recover damages based on medical negligence, you’ll have to prove that your doctor’s negligence injured you. It’s up to you to prove that a reasonable doctor would have provided a different standard of care. You’ll also have to provide expert affidavits and comply with strict procedural rules.
Sound complicated? Medical malpractice cases are highly complex. That’s why it’s important to hire an Augusta personal injury lawyer who specializes in these types of cases.
At Hawk Law Group, we have decades of experience fighting for victims of medical negligence. When you retain our services, we will:
- Investigate to identify your doctor’s mistake
- Identify all responsible parties
- Hire medical experts and specialists to back up your claim
- Calculate the fair value of your case
- Negotiate with the insurance companies to recover the maximum compensation possible
Over the years, our Augusta personal injury attorneys have won some of the highest settlements and verdicts in the area. You can trust us to do everything possible to maximize your financial recovery. All you have to do is call to get started.
How Common is Medical Malpractice in Augusta?
Studies estimate that medical malpractice causes more than 250,000 deaths in the U.S. each year. That makes medical malpractice the third leading cause of death nationwide.
An estimated 400,000 patients suffer some type of preventable harm in hospitals annually. That figure doesn’t even begin to account for the patients harmed by mistakes in medical facilities, clinics, and doctor’s offices.
What is My Augusta Medical Malpractice Case Worth?
Medical mistakes can change a victim’s life forever. In addition to physical challenges, your family may struggle with the emotional consequences for years to come.
Even with good health insurance, a medical mistake can quickly strain your finances. Before taking a settlement, it’s important to know how much your medical malpractice case is worth.
The answer depends on many factors, such as:
- The nature of the harm you’ve suffered
- The cost of the additional medical treatment made necessary because of the mistake
- Your pain and suffering
- The nature of the doctor’s mistake
- Your life expectancy and earning capacity prior to the error
- Whether you’ll recover and return to work
At Hawk Law Group, we’ll work closely with you and your doctors. That way, we can better understand exactly how the medical mistake has changed your life–and demand the fair compensation you deserve.
What Types of Damages Are Available to Victims of Medical Malpractice?
Victims of medical malpractice are entitled to recover full damages to cover the economic and non-economic losses caused by the medical mistake.
You may be entitled to damages even if you were suffering from a condition prior to the mistake. After all, medical errors often cause an existing condition to worsen.
Examples of the economic damages that may be available in your case include:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Medications and medical devices made necessary by the mistake
- Nursing care
- And more
Non-economic damages are those subjective damages that lack a clear dollar value. Examples of non-economic damages include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Reduced life expectancy
- Physical disfigurement and scarring
- Loss of consortium
Under prior law, the state of Georgia capped the victim’s non-economic damages award at $350,000. However, that law has been ruled unconstitutional so that you can now recover the full value of your non-financial losses.
Some medical mistakes can cause catastrophic injuries–and many are fatal. Don’t hesitate to reach out to our wrongful death lawyers in Augusta if you lost a family member because of a physician’s error. We can help you fight to recover compensation for the loss of your loved one.
What Causes Most Medical Malpractice Cases in Augusta, Georgia?
Medical malpractice can occur at any point in the treatment process. Any healthcare provider can be held liable for medical errors–including doctors, nurses, specialists, and even hospitals. Doctors and nurses are often overworked and exhausted. Poor working conditions can often create conditions where medical errors are bound to occur.
At Hawk Law Group, we handle all types of medical malpractice cases in Augusta. However, some of the most common types of medical malpractice claims include:
- Failure to diagnose
- Delayed diagnosis
- Birth injuries
- Medication errors
- Surgical errors
- Hospital negligence
- Emergency room errors
- Hospital-acquired infections
- Defective medical devices
- Dangerous prescription drugs
- Anesthesia errors
These types of mistakes happen for any number of reasons. Some of the leading causes of medical errors include:
- Failure to order the correct diagnostic tests
- Failure to recognize a patient’s symptoms
- Misinterpretation of diagnostic test results
- Failure to monitor the patient
- Lack of communication between doctors and staff
- Negligent hiring practices
- Lack of experience
- Failure to take a complete patient history
- Lack of informed consent
- Wrong-site surgery
- Failure to refer the patient to a specialist when needed
Do you suspect that you were a victim of medical negligence? Your doctor may not step up and admit the mistake. Our Augusta medical malpractice attorneys can help you find out what happened. Call our law offices today to schedule a free case review and learn more about how our trial lawyers can help.
How Do I Prove Negligence If I Was a Victim of Medical Malpractice in Georgia?
You deserve to receive the high quality health care you expect when you trust your doctor with your health. However, doctors and healthcare providers make mistakes all the time. After all, they’re only human.
Despite this, not every medical error rises to the level of medical negligence. To recover damages based on a medical mistake, you’ll have to establish the following elements:
- A legal duty of care existed (such as a doctor-patient relationship)
- The medical standard of care that applied in your case
- A breach of the medical standard of care
- Causation, meaning that the mistake was the direct cause of the harm you suffered
- Damages, or the actual harm that you suffered
Establishing the medical standard of care can be complicated. There is no single standard of care that’s set in stone.
The medical standard of care under the circumstances will depend on a number of factors, including:
- The nature of the injury or medical condition
- The patient’s age, medical history, and overall health
- Geographic location
- The medical provider’s qualifications
In short, the “medical standard of care” is what a reasonably trained medical professional would have done under the circumstances. If the medical care you received was substandard, you may be entitled to damages if you were harmed because of the deviation from the standard.
Under Georgia medical malpractice laws, the victim is required to provide an affidavit from a medical expert before recovering damages. The medical expert will offer testimony about the level of care your doctor should have provided–and how the mistake caused you harm.
How Long Do I Have to File a Medical Malpractice Lawsuit in Georgia?
The statute of limitations in medical malpractice cases is two years. Typically, once the statute of limitations expires, the victim forfeits the right to seek compensation.
Medical malpractice cases are handled differently. Often, the patient doesn’t know they were a victim of medical negligence until some time has passed. In medical malpractice cases, the two-year clock starts running on the date you discover your injury.
Despite this, the law imposes a firm five-year time limit on your right to sue for medical malpractice. Even if it takes time to discover your injuries, you can lose your right to compensation if you wait more than five years to take legal action. This time limit is called the “statute of repose”.
Yet another exception exists if the medical error involves a foreign object that was left in your body. You have one year from the date you discover the foreign object to file a lawsuit–regardless of whether the statute of repose has expired.
Contact an Augusta Medical Malpractice Lawyer for a Free Consultation
Were you or a loved one injured because of a doctor’s negligence? Medical malpractice cases can be notoriously complex. It’s always important to work with an experienced Augusta medical malpractice lawyer to make sure you’re getting the fair compensation you deserve. Call Hawk Law Group for a free consultation today to learn more about your legal rights.