Atlanta Medical Malpractice Attorneys

Injured by a Negligent Doctor or Hospital in GA?

As your Atlanta medical malpractice attorneys, we at Cunningham Bounds are steadfastly committed to seeking accountability and justice on your behalf. We believe in the sanctity of trust placed in healthcare professionals, and when they breach that trust, we are ready to fight for your rights. 

We combine our decades of legal experience with a genuine sense of empathy, understanding that there’s a human story of pain and resilience behind every case. Whether you’re dealing with the repercussions of a misdiagnosis, surgical error, or any other form of medical negligence, we’re here to offer our unwavering support and aggressive legal representation. Our approach ensures that every aspect of your situation is thoroughly investigated, leaving no stone unturned in our quest for justice. 

You’re not alone in this journey. Let our team of medical malpractice lawyers in Atlanta advocate for you, providing strategic counsel and compassionate guidance through each stage of the legal process.

Millions Recovered for Our Clients

At Cunningham Bounds, we have a long history of success in representing personal injury cases, including those involving medical malpractice. We have recovered more than $26 billion for our clients since 1958. Our relentless pursuit of justice has not only provided vital compensation but has also fostered improvements in healthcare standards nationwide.

Some of our most notable results include:

  • $35 million: Wrongful death following a thumb surgery
  • $20 million: Anesthesia error resulting in wrongful death
  • $15 million: Wrongful death caused by medical negligence
  • $14.5 million: Death of 17-year-old due to negligent care
  • $11 million: Wrongful death caused by misdiagnosis
  • $8 million: Personal injuries caused by medical malpractice
  • $5.5 million: Wrongful death caused by hospital negligence
  • $5.5 million: Brain damage suffered during a routine procedure
  • $4 million: Wrongful death caused by medication error

Ready to start fighting your medical malpractice incident? Call us at (404) 609-1081 to schedule a free consultation today.

Understanding Georgia's Medical Malpractice Laws

Georgia's medical malpractice laws present unique challenges that are crucial for claimants to understand. The state requires that plaintiffs file a claim within two years from the date of injury as part of the statute of limitations. However, complexities such as the discovery rule can impact this timeline, allowing flexibility if the injury was not immediately apparent.

The state's requirement for an affidavit of expert review is another key legal aspect, necessitating a qualified medical expert's testimony to support the claim of standard of care deviation. This means having a dedicated law firm, familiar with Georgia’s specific legal landscape, can be instrumental in effectively navigating these mandates.

Commonly Faced Challenges in Medical Malpractice Claims

Medical malpractice claims can be daunting due to various hurdles claimants face. One significant challenge is gathering sufficient evidence to demonstrate causation, linking the healthcare provider's negligence directly to the injury suffered. This requires meticulous documentation and often expert medical testimonies.

Insurance companies may also attempt to minimize payouts by disputing the severity of injuries or the healthcare provider’s liability. Understanding these tactics and having strategic legal representation is vital in securing fair compensation. The team at Cunningham Bounds is proficient in countering these defenses, ensuring that your rights remain protected throughout the legal proceedings.

What Is Considered Medical Malpractice?

Medical malpractice refers to instances in which a healthcare professional or provider fails to deliver the standard of care that is expected in their profession, leading to harm or injury to a patient. The term “standard of care” refers to what a reasonably competent and skilled healthcare professional with a similar background and in the same medical community would have done under the circumstances that led to the alleged malpractice. Importantly, establishing this standard often involves consulting with medical experts who can provide insightful testimony into both typical practices and deviations that might indicate negligence.

It’s essential to understand that not every unfortunate outcome in medicine equates to malpractice. For an action or omission to be considered medical malpractice, you must prove that a healthcare provider’s negligence directly led to your injury or harm. If your doctor exercised sound judgment and provided competent care, they are protected from legal action. Therefore, meticulously documenting all medical interactions and treatments is crucial in building a strong foundation for any claims.

What Are sOME Examples of Medical Malpractice in Georgia?

Medical malpractice encompasses a wide range of scenarios in which a healthcare provider’s actions, or lack thereof, result in harm or injury to a patient.

Some examples include:

  • Medicine errors occur when a patient is injured due to a healthcare professional prescribing the wrong medication or dosage, failing to check for potential drug interactions, or failing to provide proper instructions for use. This type of error can often lead to severe complications, illustrating the critical nature of precise pharmacy practices.
  • Surgical errors are mistakes made during surgery, such as operating on the wrong body part or leaving a surgical instrument inside a patient. These kinds of errors highlight the importance of rigorous surgical protocols designed to prevent such avoidable mistakes.
  • Anesthesia errors can be fatal. They include administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or not informing the patient of necessary preoperative procedures. Given the delicate balance of anesthesiology, any deviation can have severe implications.
  • Emergency room errors are mistakes or oversights made by healthcare professionals in an emergency room setting, such as incorrect diagnoses, delayed treatment, improper discharge, or failure to perform necessary tests, which can lead to worsened health conditions or even death. These errors stress the necessity for quick, accurate decision-making under pressure.
  • Pediatric malpractice involves errors in the medical care of children, such as incorrect diagnosis, improper treatment, or failure to administer necessary tests. Pediatric care requires specialized assessment to account for developmental factors unique to children.
  • Birth injury can occur due to negligence during pregnancy, labor, delivery, or postnatal care. They can result in lifelong disabilities for the child. Timely and appropriate prenatal care is essential in mitigating these risks.
  • Misdiagnosis involves incorrectly identifying a patient’s condition, leading to inappropriate treatment, or a delay in necessary treatment, resulting in harm to the patient. A timely and accurate diagnosis can make a significant difference in patient outcomes.

How Do You Prove Medical Malpractice?

Proving medical malpractice involves demonstrating four key elements:

  • Duty of care: Every healthcare provider is legally obligated to provide their patients with an accepted standard of care. If you were receiving the services of a healthcare professional, they owed you a duty of care. This element establishes the initial legal relationship necessary for a claim.
  • Breach of duty: You must prove that the healthcare provider breached their duty of care. This means they did something that a competent professional wouldn’t have done or failed to do something that a qualified professional would have done. Documenting every relevant interaction and adhering to medical records are crucial in substantiating this breach.
  • Causation: It’s insufficient to show that a breach of duty occurred. You must also prove that this breach directly caused your injury. This often requires expert testimony to establish a clear link between the healthcare provider’s action (or lack thereof) and your injury. Expert witnesses can provide the pivotal insight needed to connect the dots between negligence and harm.
  • Damages: Finally, you must show that you suffered financially, physically, and/or emotionally due to the injury. You may be entitled to seek compensation, also known as “damages,” including, but not limited to, medical bills, lost wages, and pain and suffering. Well-documented financial losses and personal impact statements strengthen the damages component.

Our medical malpractice attorneys in Atlanta are ready to fight for you. Contact us today. 

FAQs About Medical Malpractice in AtlantA, GA

Commonly Asked Questions

How Long Do I Have to File a Medical Malpractice Claim in Georgia?

In Georgia, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or death. However, there are exceptions and specific circumstances that can extend or shorten this period. Therefore, it's important to contact an attorney as soon as possible to ensure that your claim is filed within the appropriate timeframe and to preserve your right to seek justice and compensation.

Why Should I Choose Cunningham Bounds to Represent My Medical Malpractice Case in Atlanta?

Choosing Cunningham Bounds to represent your medical malpractice case in Atlanta means you're selecting a firm with a proven track record of success. With decades of experience and over $26 billion recovered for clients, our firm is equipped to handle complex cases and fight for the accountability and justice you deserve. Our commitment to client advocacy and our understanding of the human impact of medical malpractice make us a compassionate and formidable ally in your pursuit of compensation.

What Should I Do if I Suspect Medical Malpractice?

If you suspect medical malpractice, it is important to act promptly. Begin by obtaining all relevant medical records, as these will be crucial in evaluating the merits of your claim. It may also be beneficial to seek a second medical opinion to ascertain whether standard care was breached. Document all details of your experience, including dates, interactions, and any communications with healthcare providers. Reaching out to a knowledgeable attorney who understands the complexities of malpractice litigation is essential to navigating this process. Our team at Cunningham Bounds can help evaluate your situation and guide you on the best steps forward.

How Are Medical Malpractice Damages Calculated?

Damages in medical malpractice cases are calculated based on a variety of factors including medical expenses, lost wages, pain and suffering, and any long-term impacts on your quality of life. Economic damages, which are more easily quantified, involve tangible costs like ongoing medical care and rehabilitation. Non-economic damages address the mental and emotional toll the injury has taken on your well-being. In some cases, punitive damages may be awarded to discourage particularly egregious behavior. Every case is unique, so the total damages can vary significantly depending on the specifics of the incident and its effects.

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