Jane Lamberti Sams Medical Malpractice Law Blog on Lawyers.com

Any injury or loss suffered from medical negligence is an injustice to you.  But it may not be an injustice of Georgia law.  To determine if you have a legitimate medical malpractice case in Atlanta, talk with an Atlanta malpractice case attorney.  There are legal requirements and economic factors you should consider in any Atlanta medical malpractice claim.

Legal requirements for medical malpractice cases

• Duty of Care – When you give your permission to a doctor or hospital to treat you, and you receive treatment, then duty of care has been established.

• Breach of Duty – All doctors are held to a reasonable standard of care.  Providing care that is less than that standard of care constitutes breach of duty.  To prove it, you must show that your doctor acted or failed to act as he or she should have under the circumstances.

• Injury to the Patient – There must be an injury or medical issue that was caused by the physician’s actions or lack of action.  The more significant the injury, the stronger the case.

• Causation – You must prove that the doctor’s negligence directly caused or contributed to the injury or condition suffered by the patient.  If negligent care does not exist or cannot be proven, it is not a strong medical malpractice case in Atlanta.

An Atlanta medical malpractice suit is filed to demand compensation for all economic and non-economic damages.  You and your attorney must weigh the value of a case against the cost of prosecuting it.  Even if a case is strong from a legal standpoint, it may cost more to prosecute than the award or settlement amount would be.

• Value of a case – To determine your case value, your lawyer identifies all damages involved and calculates a cost for each.  Damages include current and future medical expenses, lost income, future loss of earnings, cost of permanent medical care, pain and suffering and more.  The sum of the damage amounts is the value of your case.

• Cost to prosecute – Malpractice cases are expensive to investigate and prosecute.  Costs for medical research and expert evaluations can reach $100,000 before the case goes to trial.  Your lawyer should project the cost of prosecuting your case.

• Attorney fees – Attorney fees are generally paid out of the settlement or award after prosecution expenses have been repaid.  Attorney fees are usually 33 to 50 percent of the award. 

The decision to move forward with an Atlanta malpractice case depends on whether or not the expected award would be enough to cover the cost of prosecuting the case and the attorney fees, with enough remaining for you, the injured patient. 

A qualified attorney who specializes in Atlanta malpractice settlements and trials can help you make that decision.  To speak with a medical malpractice law firm in Atlanta, contact Cochran, Cherry, Givens, Smith, Sistrunk and Sams P.C. at 866-549-0562 today.