Calvin Smith Law - The Injury Lawyers

What is the Hardest Part About Proving Medical Malpractice in Georgia?

Medical malpractice lawyer concept, stethoscope with law symbols

When people hear that somebody has filed a medical malpractice lawsuit, they assume that the person will walk away with millions of dollars. Unfortunately, that is not true. If your Macon medical malpractice lawyer can prove that the doctor was negligent, you may be entitled to damages. However, you can only recover damages for injuries you actually suffered.

Furthermore, it is not easy to overcome the assumptions that people make about medical professionals. Most people assume that doctors never make mistakes. If you end up in worse shape after being treated for your injury or illness, it must be your fate.

Here, we will talk about how a medical malpractice case works. We will also discuss the various parties your Macon injury lawyer can name in your complaint. Finally, we will break down the hurdles your personal injury attorney in Macon will face when you file your suit.

If you still have questions or concerns about your own medical malpractice claim, contact our office directly. We offer new clients the chance to meet with one of our associates free of charge.

Who Can Be Liable for Medical Malpractice?

The term “medical malpractice” brings to mind a lawsuit against a doctor or surgeon for making a critical mistake. The assumption is that you can only sue a doctor for malpractice. In reality, your Macon injury lawyer can sue a variety of people for medical malpractice. It all depends on the facts surrounding your case.

For example, if your primary doctor failed to send you to an oncologist after discovering a suspicious mass on your body, they may be found liable for malpractice. Similarly, if you’re in the hospital and one of the charge nurses gives you the wrong medication, they may be liable as well. It depends on the nature of your injury or illness and the behavior that caused it.

Some of the people your personal injury attorney in Macon may need to name in your lawsuit include the following:

  • Doctor
  • Surgeon
  • Nurses
  • The anesthesiologist who was present at your surgery or other procedure
  • Dentist
  • Psychiatrist
  • Nurse Practitioner
  • Physician’s Assistant
  • Pharmacist

The list of potential defendants is long. There are so many situations in which a medical professional can act negligently. For example, you may have to sue your gynecologist or podiatrist for malpractice.

All medical professionals are subject to the medical malpractice laws in Georgia. Your Macon injury lawyer will ensure that all potential defendants are named in your initial complaint. You may not be able to amend the complaint to include them later.

Medical malpractice concept, stethoscope with judge gavel

It is Difficult to Prove That the Defendant Didn’t Behave the Way Another Medical Professional Would Have

Oftentimes, when our Macon injury lawyers first file your medical malpractice lawsuit, the defendant files an immediate response. Well, their malpractice insurance company’s attorneys will file a response. In their response, they claim that the defendant behaved the way any other medical professional would have given the circumstances. Your personal injury attorney in Macon will have to prove that this isn’t the case.

You may be wondering how they do this. There are a variety of tools at their disposal, including but not limited to the following:

  • Testimony from other doctors or medical professionals stating that the defendant did not follow the standard protocol
  • Testimony or an affidavit from another medical professional who was present at the time of the negligence
  • Medical records showing that the defendant failed to take the reasonably necessary steps to make sure you were treated properly
  • Documentation showing that the defendant has been cited for the same kind of behavior in the past

The type of evidence your personal injury attorney in Macon will rely on depends on the facts of your case. Every case our Macon injury lawyers handle is unique. It is impossible to know from the start exactly what it will take to win your case.

Thankfully, more than 90% of the medical malpractice cases we handle settle long before trial. Medical professionals are legally required to carry a certain amount of malpractice insurance for this purpose.

It Can Also Be Hard to Prove That You Would Not Have Suffered Your Injury or Illness Anyway

One of the arguments the defendant may make is that you would’ve suffered the same injury or illness regardless of what happened. Our personal injury attorneys in Macon have heard this argument many times over the years.

For example, imagine that you learn that you have pancreatic cancer. You saw your doctor two months prior. You described your symptoms to the doctor. They ran no tests and told you to rely on over-the-counter pain relievers. They schedule you for a follow-up six months later. Your oncologist informs you that, had someone spotted the cancer earlier, you would have had a chance of surviving for another year or two.

Your doctor clearly was negligent in this situation. They should have listened to you and scheduled the necessary diagnostic tests. If they exercised due diligence and you were still diagnosed later, it would be one thing. Pancreatic cancer spreads very quickly. People diagnosed with this type of cancer almost always die.

However, some patients manage to live several months or even years beyond their diagnosis. You believe that, had your doctor behaved like a reasonable physician, things would have turned out differently. Your Macon injury lawyer will have to demonstrate that your doctor was in fact negligent. They will also need to prove that their negligence caused you harm.

Your Macon Injury Lawyer Will Work Hard to Get You the Compensation You Deserve

If you think that you or one of your family members have been the victim of medical malpractice, contact our office. When you go to see your doctor, you never expect to come out in worse shape than you were when you went in. The same is true for any type of medical procedure.

Our personal injury attorneys in Macon are familiar with the medical malpractice laws in Georgia. They are also very adept at negotiating settlements with malpractice insurance companies. They will do their best to get you the compensation you deserve.

Get The

You Deserve


Free Case Review

Further Reading...

Calvin Smith Law - The Injury Lawyers

Get The Help You Deserve