Malpractice: What Makes a Legitimate Claim?


Malpractice: What Makes a Legitimate Claim?

Malpractice involves acts that result in injury when a professional is negligent or commits an act of omission. In the case of medical malpractice, such professionals may include doctors, nurses, or other healthcare professionals.

Standard of Care

In order to establish there was an act of negligence or omission, it is important to consider standard of care. This is a process by which the law recognizes acceptable standards of care under similar circumstances, carried out by professionals. As a patient receiving medical treatment, you are entitled to an acceptable standard of care from those charged with providing treatments and medications. A violation of such standards is considered malpractice.

Negligent Injury

In order to support your claim for malpractice, you must provide evidence to prove an injury occurred as a direct result of negligence. A healthcare professional may violate the standard of care without being guilty of malpractice if no injury occurred as a result of the act. Therefore, both a violation of standard of care and an injury resulting from the negligent act must be proven in order to establish a valid claim of malpractice.

Significant Damages

Furthermore, the victim must show that damages were significant in order to file a viable malpractice case. This is because malpractice cases are expensive to pursue. If damages are such that the potential recovery is outweighed by the cost of pursuing a malpractice case, it does not make sense to file a claim. Significant damage in a malpractice case may include disability, loss of earnings, unusual pain, high medical bills resulting from injuries, and any suffering or hardship experienced after the event.

Malpractice Examples

There are many examples of medical malpractice for which a patient may seek compensation. If there is a failure to diagnose or you receive a misdiagnosis, you can pursue a lawsuit for malpractice. Healthcare professionals also have a responsibility to interpret and act upon lab results – failure to do so is considered as malpractice under the law.

Injuries arising from surgery are another reason patients may pursue a malpractice case in Georgia. If you have suffered unnecessary surgery, errors during the procedure, lack of aftercare, or other surgery related scenarios that resulted in injury, you may want to speak to an experienced malpractice lawyer.

Malpractice Lawyers in Georgia

You can rely on the excellence in representation from H. Lehman Franklin, P.C. With over 30 years of experience in helping clients, H. Lehman Franklin, P.C. has the tools and training you need in a professional legal team. We provide a free consultation where we will discuss and evaluate the strength of your case. The consultation can take place over the phone or in the comfort of your own home.

Reach out to the offices of H. Lehman Franklin, P.C. today if you need expert legal advice. We have supported countless clients who have suffered injury as the result of malpractice in Georgia. Call us at (912) 764-9616 or email us at today to begin the process of recovering compensation for your injuries.