Atlanta Black Medical Malpractice Attorney

For most individuals living in the Atlanta area, going to the doctor’s office or hospital is a part of life. Situations arise that may call for medical intervention, and in these times, we place our trust and our lives into the hands of these professionals, believing that they will provide the necessary care in the interest of our health. Unfortunately, significant breaches of trust can occur, and the consequences can be devastating. An Atlanta Black medical malpractice attorney can help.

When medical malpractice occurs, it is vital that you address the incident with legal action so that the liable party can be held accountable, you can recover damages, and future patients may be kept safe from similar harm. At The Tolson Firm, LLC, our team of proud, Black personal injury lawyers are here to fight for you every step of the way and help you navigate the complex claims process involved in Atlanta medical malpractice cases.

If you have suffered harm due to medical malpractice at Emory University Hospital, Grady Memorial Hospital, Piedmont Atlanta, the Children’s Healthcare of Atlanta facility, or any other nearby hospitals or medical care facilities, our legal team is prepared to help make sure you receive the justice and compensation you deserve.

What Is Medical Malpractice in Atlanta, Georgia?

In Atlanta, Georgia, incidents of medical malpractice occur when a medical provider or other healthcare professional fails to provide a reasonable and adequate standard of care, resulting in the harm, injury, or death of a patient. All healthcare professionals are held to a certain standard when it comes to the level of care they are supposed to provide. When this standard of care is not met in a reasonable way, the medical provider can be liable for medical malpractice.

A reasonable standard of medical care can be measured by how another practitioner would treat their patient when met with the same or similar kind of medical circumstances. At its core, medical malpractice is a deviation from the accepted standards of the practice in the medical community and can happen in various forms or during various medical events.

Medical malpractice occurs when a health care provider or institution acts with negligence, recklessness, or wrongful intention or fails to act at all in the care of a patient.

Some of the most common types of medical malpractice include the following:

• Surgical Mistakes: The unfortunate reality is that many errors can occur when you go in for even the most routine of surgeries. The attending surgeon may operate on the wrong part of the body, accidentally leave instruments inside the patient, perform an unneeded surgery, or accidentally cause damage to a part of the body that could lead to a potential amputation. These are often avoidable mistakes.
• Medication Mishaps: Medical providers are required to ensure that the medication being circulated to patients is given to the right patient, with the correct dosage, and at the proper time or with proper instructions. When these requirements are violated, serious harm can occur and lead to severe injuries or even death, especially in cases where the patient is allergic to the medication they were incorrectly administered.

• Anesthesia Errors: When a patient goes in for certain surgeries or other procedures, they can be placed on anesthesia. Anesthesiologists, the individuals administering this medication, must make sure the anesthesia is properly given and dosed to ensure no harm comes to the patient. In failing to do so, a patient could suffer severe brain damage or death due to oxygen deprivation.

• Birth Injuries: One of the most common results of medical malpractice is a birth injury, which can happen to the infant or the person giving birth. For example, medication may be administered that can cause reduced blood flow to the baby. Without proper intervention by the medical team, the baby could suffer brain damage or death. Infants who survive may be at risk of developing conditions like cerebral palsy.

• Misdiagnosis, Delayed Diagnosis, or Missed Diagnosis: A common form of medical malpractice occurs when a physician fails to diagnose, incorrectly diagnoses, or delays the diagnosis of a patient. This can lead to permanent harm or death. Some of the most common conditions where this occurs include heart attacks, strokes, certain forms of cancer, brain infections, and other life-threatening infections.

• Other types of medical malpractice events can include nursing home negligence, hospital negligence, chiropractic negligence, emergency room errors or negligence, NICU errors or neglect, and malpractice when it comes to hospital or facility billing practices.

If you have suffered any of these events of medical malpractice in Atlanta, Georgia, the team of Black personal injury attorneys at The Tolson Firm, LLC, are prepared to do whatever it takes to fight for your right to damage recovery and justice.

The Tolson Firm, LLC: Ready to Fight on Your Behalf Following Medical Malpractice

For over two decades, our team has been assisting individuals in crafting and strategizing legal claims for medical malpractice incidents in and around the Atlanta area. We are well-versed in the laws that regulate these claims and are ready to offer you our compassionate and experienced representation. When you hire one of our attorneys, you can expect us to take the following actions in your case:

• Investigate the exact nature of the medical malpractice incident you suffered, and use this information to determine the appropriate strategy to use in your case.
• Gather evidence to prove your claim, such as medical records and bills.

• Negotiate with the involved parties and their insurance companies to reach a fair and reasonable settlement in your case.

• File a legal claim and take the liable parties to court to litigate the case before a judge and jury if a settlement cannot be reached through negotiation.

How To Prove Medical Malpractice in Georgia

It can be a complex task to determine whether you actually have a medical malpractice case on your hands. This is where the experience and knowledge of an attorney from The Tolson Firm, LLC, can be a benefit to you and the success of your claim. Addressing the following elements can help determine whether the circumstances of your treatment qualify as an act of malpractice:

• You must establish that you were officially under the care of the medical care professional or institution involved and that they were responsible for your treatment.
• You must be able to demonstrate that the provider in question acted in a negligent or reckless manner while diagnosing or treating you and did not provide the same standard of care another professional would have in the same or similar situation.

• You and your attorney will need to prove that there is a link between this negligence and the harm or injury you sustained. This can require the testimony of other medical professionals to establish that the action or inaction of the provider in question was the direct cause of the harm you suffered.

• Lastly, you must show that there were damages that resulted from this act of malpractice. This can include physical pain, additional medical expenses, loss of income or earning capacity, or mental anguish. Without being able to demonstrate harm, however, there is no foundation for your claim.

The Impact of Medical Malpractice on Victims

Suffering from medical malpractice can have a profound and lasting impact on an individual that extends beyond the physical. Ways in which you can be affected by medical malpractice include:

• Socially – The stress of having to deal with the aftermath of the injury or harm as it affects certain relationships in your life and requires individuals around you to take on caregiving roles.
• Physically – The victims who suffer from these events have to face additional health conditions, new issues, or even permanent disability.

• Emotionally – The trauma of experiencing the malpractice itself and the loss of trust in the healthcare system can cause a person to develop mental health conditions, such as depression or anxiety.

• Financially – The addition of medical costs related to the malpractice, lost income from being unable to work due to the injury suffered, and long-term care expenses can add to the burden of the effects of the malpractice.

Damages Recoverable in a Medical Malpractice Case

There are several forms of damages you may be able to recover based on the nature and severity of the medical malpractice you have suffered. The most common forms of compensation involved in a medical malpractice claim include:

• Lost wages
• Lost earning ability
• Diminished quality of life or loss of consortium
• Pain and suffering
• Costs of medical expenses, current and anticipated
• Emotional distress
• Mental anguish
• Punitive damages, in rare and highly specific cases
• Wrongful death damages

Speak With a Trusted Black Medical Malpractice Attorney in Atlanta Today

The Tolson Firm, LLC, is known for being an exceptional advocate for individuals pursuing medical malpractice claims. If you or a loved one has suffered due to medical malpractice, we are here to help. Our team of experienced Black medical malpractice attorneys can assist you in navigating both your path to recovery and the road to justice. Contact our office today for more information.