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Medical Malpractice

Medical Malpractice Attorney Assisting Marietta Residents

Instances of medical malpractice destroy the livelihood and wellbeing of families across the state of Georgia each year. When medical malpractice occurs, there can be major losses - some of which are never restored. After an accident or incident leads to medical malpractice, families are left to make a decision of how best to take action for their loved one and for others who follow behind them. It can be a confusing time, and these cases are often complex, requiring specialized knowledge and evidence to succeed. If you or your loved one has sustained injuries at the hands of a trusted medical professional, you need a seasoned Marietta medical malpractice lawyer to help you determine whether filing a claim is appropriate. The Persons Firm offers risk-free initial consultations to help clients better understand their right to relief.

Understanding Medical Malpractice

Medical malpractice occurs when a medical professional takes actions that fall below the professional standards of care for those in the medical field. Medical malpractice suits can be initiated against any type of medical professional who engages in negligent acts that results in injury or death. This may include surgeons, family doctors, dentists, or support professionals. Even though surgeries and illnesses have inherent risks of injury, malpractice claims arise when a professional does not act as a reasonable person would, as compared to another of similar professional standing.

Medical malpractice can involve various circumstances, most commonly, these cases arise from:

  • Improper medication administration.
  • Surgical errors.
  • Failure to, or delayed, diagnose.
  • Birth injuries.
  • Failure to monitor or take actions for patients' changes in vital signs.
  • Nursing home neglect or abuse.

If you believe your treatment fell below the standard of care, an experienced Marietta malpractice attorney at the Persons Firm in Marietta can assist you in determining your legal options.

Establishing Medical Malpractice Claims

To succeed in a medical malpractice lawsuit, there are legal elements that must be proven. First, there must be the existence of an agreed upon doctor-patient relationship. Once this relationship has been founded, the medical professional then owes their patient a duty of care to act within the standards recognized within the medical field. A victim then must show that the medical professional breached that duty of care, and caused their injury, resulting in damages.

Often showing the causation element in medical malpractice claims is the hardest. A patient might have pre-existing conditions that a defendant could argue were the actual cause of harm. Additionally, among the most common forms of medical malpractice are the result of issues with diagnosis or improper and inadequate treatment. These types of situations can involve complex medical evidence and evaluation to establish liability. In addition to individual medical professionals who are responsible legally, a hospital or other facility may also be held vicariously liable for their employee's gross negligence. Once a medical mistake occurs, a full review by competent Marietta medical malpractice lawyer is necessary to determine the type and amount of damages that should be requested.

Recovering Damages in Medical Malpractice Claims

Generally, compensatory damages and non-economic damages are the two types of financial compensation sought in medical malpractice cases. Compensatory damages refer to monetary damages awarded for actual financial damages sustained as a result of the incident. These damages include expenses like past and future medical bills, lost wages, and loss of earning capacity. In cases where a victim suffered a fatality, these damages also include burial and funeral expenses, and any other quantifiable losses. Non-economic compensation is for other types of damages such as pain and suffering, as well as loss of intimacy and companionship. In some cases, punitive damages are sought, which serve as a punishment and deterrent for particularly reckless actions.

Persons Firm: Experienced Marietta Personal Injury Litigators

The Persons Firm is a personal injury law firm located in Marietta, and representing clients throughout Georgia. We are dedicated to making sure victims of medical malpractice receive the compensation they need, and are entitled to, following their injuries. At The Persons Firm, we keep our clients informed every step of the way so they are comfortable the progress of their case. If you or your loved one has been hurt by medical malpractice but are unsure of whether you have a claim, contact our office today to find out more about how we can help.

Client Reviews
Ben Persons is ABSOLUTELY WONDERFUL! The research and time spent on my case was outstanding. He fought for me and my family every step of the way and anytime I had a question he was always there. The work ethic of the Persons Firm is amazing. Ben helped to introduce evidence into my case that made the defense stand up and take notice. Thank you Ben for everything. Toby George
Ben and his staff of Tricia and Katrina did an outstanding job of keeping us informed as our case progressed. We believe they all represented us well and would recommend Ben to anyone needing his services. Thanks Ben, Tricia, and Katrina. Patricia Nickel
Absolutely a great Attorney. Personable, Efficient, Fair. Knowledgeable and many more attributes. After interviewing four other attorneys, I chose Ben. His staff handled all the many problems with my motor vehicle accident giving me an honorable settlement. He was a Blessing to us. Bill Hogg