Atlanta Medical Malpractice Lawyers

Establishing Liability in a Medical Malpractice Case

To recover damages in a medical malpractice case, you must establish negligence on the part of the offending healthcare provider or entity. Because the plaintiff bears the burden of proof in medical malpractice lawsuits, you’re responsible for not only proving that medical malpractice occurred, but that it resulted in harm or injury (“damages”). 

We can help you meet the standard of proof in your case by establishing the following elements: 

• Duty of care: The medical provider owed you a standard of care. 
• Breach of duty: The medical provider failed to meet their duty of care. 
• Causation: The breach of duty caused harm or injury.
• Damages: You incurred damages as a result of the injury or breach.

Who is Liable for Medical Malpractice?

In medical malpractice cases, liability can extend to various individuals and entities involved in a patient's care. Here are the primary parties who can be held liable for medical malpractice:

• Doctors: This includes general practitioners, specialists, surgeons, and other licensed medical doctors who provide direct patient care. Doctors owe their patients a duty to provide competent and appropriate medical treatment. If they fail to meet this standard, they can be held liable.
• Nurses and Nurse Practitioners: Nurses who fail to provide the expected standard of care, whether in administration of medication, patient monitoring, or other medical duties, can be held responsible. Nurse practitioners, who often have more responsibility and autonomy, can also be liable if they make mistakes in diagnosis or treatment.
• Hospitals: Hospitals can be held liable for the actions of their employees, including doctors, nurses, and other healthcare professionals. This is known as "vicarious liability." Hospitals can also be directly liable for administrative errors, such as improper staffing, inadequate training, or failure to maintain sanitary conditions.
• Pharmacists: Pharmacists can be held liable for errors in dispensing medication, such as providing the wrong drug or incorrect dosage, or failing to recognize harmful drug interactions.
• Dental Professionals: Dentists and oral surgeons can be held liable for errors made during dental procedures, such as improper extraction of teeth, nerve damage, or failure to diagnose oral diseases.
• Technicians: Radiology technicians, laboratory technicians, and other medical technologists can be held liable for errors in diagnostic testing or improper use of medical equipment.
• Anesthesiologists: These specialists can be held liable for errors in administering anesthesia, such as incorrect dosage or failure to monitor the patient’s vital signs during surgery.
• Specialty Clinics: Clinics offering specialized treatments, such as fertility clinics or pain management centers, can be liable if their staff members commit malpractice.
• Rehabilitation Centers: Facilities that provide rehabilitation services can be held liable for inadequate or harmful treatment practices.
• Drug Manufacturers: Pharmaceutical companies can be held liable if they produce defective drugs, fail to warn about potential side effects, or engage in misleading marketing practices.

What Is an Expert Affidavit?

Under Georgia Code § 24-7-702, victims of medical malpractice victims must provide an expert affidavit, also known as a sworn expert witness testimony, to establish that the provider’s action or inaction fell below the accepted standard of care. The “expert witness” must be knowledgeable and experienced in the same field as the medical provider who is being accused of malpractice.

Remember, proving that your doctor made a mistake isn’t enough to obtain compensation in a medical malpractice claim. Before a lawsuit can be filed, the individual must show that the error caused damage or further harm. At DGL Attorneys At Law, our attorneys can guide you through the legal complexities of your case while fighting tirelessly to hold negligent providers accountable for the harm they inflicted.