FAQs

Typically, no. Once a case settles they will usually have the claimant sign a form of release which will inhibit you from ever being able to pursue compensation for that claim in the future. Speak with Attorney Tolson at the firm if you are thinking about visiting an old claim and find out if it is possible.

With most medical malpractice cases, there is thorough investigation in order to prove liability. These types of cases can become brutally drawn out and they are usually more difficult to resolve than the average personal injury claim. Your malpractice claim will most likely have to be resolved in trial where a judge will decide the verdict.

I cannot say for certain if your misdiagnosis will be enough grounds for a malpractice lawsuit. With medicine there is still minimal room for trial and error and doctors may not always diagnose you right the first time. They must however, provide you with the standard level of health care that is set forth by the state regulations. If we are able to prove that your doctor did not provide reasonable care that another doctor would have provided in that situation, then we may have a case. To discuss the specifics of your case with Attorney Tolson, schedule a free malpractice case evaluation today!

Unfortunately, there is no “cookie cutter” answer to this question because every case is so unique. In fact, there is no minimum or maximum award amount that you are able to receive. When evaluating your case, the judge will look at several different factors and form your claim award based on those findings. Generally the court will take into account how your injury affects your earning capacity, how the injury inhibits your life functions, the severity of your injuries, past-present-and future medical expenses, your pain and suffering, and any other financial or economic damages that the injury has caused you. To find out an exact award estimate for your case, contact Attorney Tolson and tell her the specific details of your case.

When deciding the verdict of a medical malpractice case, the judge will weigh the evidence that each party brought forth. They will then make their verdict based on who has the more convincing evidence. If your proof is more substantial and probable, then it will hold greater weight with them and probably win you the case.

Each state has a different time period in which the victim must file their claim; this is called a statute of limitations. In the state of Georgia, the general statute of limitations for a malpractice claim is two years from the time the injury was sustained. If the symptoms did not arise right away, then the court will go based on a reasonable amount of time that the injury should have been discovered. After the designated time period is over, you will no longer have a right to pursue legal action or compensation. Some cases are taken as exceptions to this rule, so speak to our legal team today and file your claim before it is too late.

This is used to describe cases in which the patient was partially at fault for their injuries. If a doctor prescribes a certain treatment or recommended care plan for you to follow as the patient, and you fail to perform these duties, then you contributed to the negligence in the case. For example, if your doctor told you to come in and have a cancer screening in the next six months and you neglect to do so and are diagnosed with cancer later on, then you could be accused of contributory negligence if you try to sue for failure-to-diagnose.

Before performing any medical procedure, your doctor is required to go over all the possible side effects or dangers of the procedure. This is referred to as “informed consent,” it means that the patient is aware of all the possible consequences pertaining to the procedure. If the doctor fails to get your informed consent then you may be have a valid medical malpractice case against them. There are however, certain exceptions to this rule. For example, if you are unconscious and your family or emergency contact cannot be reached, then they make an informed decision and take action on your behalf.

This can be one of many ways that doctors and hospitals attempt to circumvent liability. By calling a medical incident a “complication” rather than a “mistake,” it takes away any fault on behalf of the hospital and its staff. Some side effects of surgery are the result of complications, but many others were the result of blatant medical errors. In fact, medical malpractice statistics may even be much lower than they actually are due to hospitals reporting malpractice as “complication” instead. Understanding whether your incident was the result of malpractice or complication is best determined by an Atlanta medical malpractice attorney from our firm after investigation of the evidence. However, it may raise suspicion if your doctor did not warn you of any possible complications before your procedure.

Misdiagnosis is more common than you might think. Studies have shown that it occurs in a significant number of medical cases, with serious consequences for patients.

If you have been misdiagnosed, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages. The specific damages you can recover will depend on the circumstances of your case.

A surgical error refers to any mistake made by a medical professional during a surgical procedure that causes harm to the patient. This can include wrong-site surgery, leaving surgical tools inside the patient, and anesthesia errors.

If you have suffered harm due to a surgical error, you may have a case for a claim. The best way to determine your legal options is to consult with an experienced surgical error attorney.

The compensation you may receive for a surgical error claim can vary depending on the nature and extent of your injuries. This can include medical expenses, lost wages, pain and suffering, and more. An experienced attorney can help you determine the full scope of damages you may be entitled to.

In Georgia, the statute of limitations for filing a surgical error claim is generally two years from the date of the injury. However, there may be exceptions to this rule, so it’s important to consult with an attorney as soon as possible.

If you have any additional questions about surgical error claims, or if you’re ready to speak with an attorney about your case, don’t hesitate to contact The Tolson Firm today.

Identifying a surgical error can be challenging, as some complications may not be immediately evident. Signs of a surgical error can include unexpected pain, infection, or other complications that are not typical of the recovery process. If you suspect that something has gone wrong during or after your surgery, it is crucial to seek a medical assessment and consult with an experienced Atlanta surgical error attorney to evaluate your case.

The consequences of surgical errors can be severe and long-lasting, including physical pain, emotional distress, additional medical treatments or surgeries, and in some cases, permanent disability or death. Victims may also face financial burdens due to lost wages, increased medical bills, and ongoing care costs. It’s important to understand these potential outcomes when considering legal action for surgical malpractice.

I was taking a prescribed medication that ended up causing me injury. My injuries did not surface right away, so how long do I have to file an medical malpractice claim?

– ALS, GA

The state of Georgia typically gives the plaintiff, or moving party, approximately two years to file their medical malpractice claim. Anyone who files after the statute of limitations has already passed will give up their right to seek restitution for the injury that they sustained. This means that you only have two years from the date that the injury occurred in which to file your malpractice claim against the negligent party. This is also true in wrongful death cases. If you have lost a loved one or family member as a result of doctor or hospital negligence, then you have two years from the date of their death in order to file a lawsuit.

However, Georgia also has also has a discovery rule when it comes to medical malpractice cases. Not all injuries or symptoms of an injury will surface immediately after the accident or incident. If you are the victim of a defective product, a surgical error a dangerous drug, or any other malpractice act, then you are given two years from the date the injury is discovered in order to file your malpractice claim. So in cases like these, the two year rule does not go into effect until the injury is discovered by the victim. However, there is a limit to this grace period. If you go five years from the day of the accident, before noticing your injury, then you may not be able to file a lawsuit. If the medical malpractice case is involving a minor or a small child, then the statute of limitations may vary. If you would like to find out how much time you have to file your case, speak with an Atlanta medical malpractice lawyer from The Tolson Firm, LLC today!

If I am not happy with the results of my surgery do I have a valid medical malpractice case?

– ALS, GA

Unfortunately there are no guarantees when it comes to attaining the results you want. If you have encountered unexpected or unsuccessful results, you may not necessarily be able hold the doctor liable unless you are able to prove that some type of negligence occurred. Medical Malpractice cases are only valid when the medical professional in question failed to provide the expected standard level of care that is offered by similar professionals in the field. Cosmetic surgery cases are especially difficult when it comes to proving doctor misconduct especially if the patients wishes to contest the aesthetic results. As the patient, if you are injured or impaired as the result of a surgery you may be able to file a malpractice claim. Your attorney along with medical experts can work to help you prove that the doctor deviated from the standard of care that is expected for that particular procedure. If you have a question regarding your personal surgery malpractice case or you believe that you have suffered from a surgical error, please do not hesitate to contact an Atlanta medical malpractice lawyer from our firm.