Average Medical Malpractice Settlements in Atlanta
Dressie Law Firm: Guiding You to Fair Settlements in Medical Malpractice Cases
Get detailed insight into the average medical malpractice settlements in Atlanta from the Dressie Law Firm today. Call us today.
Medical Malpractice Settlements
Medical malpractice can cause life-long suffering for injured patients and their loved ones. If you were harmed by a medical provider’s negligence, you might be wondering how to claim compensation for a medical accident and how much it will be.
By understanding the average payout and different types of compensation you can recover, you can manage your expectations. An experienced medical malpractice attorney can help you understand medical malpractice laws and determine whether you have a viable claim.
At Dressie Law Firm, our attorneys will help you navigate your medical malpractice or wrongful death lawsuit, getting you the justice you deserve.
Understanding Medical Malpractice
A successful medical malpractice claim depends on an understanding of what constitutes medical malpractice under the law, the types of financial compensation available, and the facts of your case.
What Is Medical Malpractice?
Medical malpractice occurs when licensed healthcare providers negligently cause injury to a patient. Medical malpractice is a form of professional negligence. However, its dire consequences for the victims ranks it among the most devastating type of negligence. A medical professional’s failure to provide adequate care is a breach of the duty of care they owe to their patients.
Common Types of Medical Malpractice in Atlanta
Medical malpractice can be caused by a number of treatment and diagnostic errors. These injuries can be debilitating and have life-altering consequences. Common malpractice claims are the result of surgical errors, misdiagnosis, medication errors, and birth injuries.
Many medical malpractice claims are based on surgical errors. Surgical errors can occur at any time leading up to and during the surgery. Common examples include:
Inappropriate administration of pre-surgery medications leading to brain damage or heart failure
Leaving medical equipment inside of the patient, causing infections or other complications
Operating on the wrong body part
Operating on the wrong patient
Failure to properly sterilize surgical equipment before use, resulting in an infection
Misdiagnosis includes incorrect or missed diagnoses. Diagnostic errors can result from a healthcare provider’s failure to take personal histories of a patient, recognize clinical symptoms, order testing, or refer patients to specialists. If a provider’s inaction causes an unjustifiable delay that worsens a patient’s medical condition, it may constitute medical malpractice.
Doctors often prescribe medication to help treat illness. However, prescribing improper dosages or medication can be fatal. Severe health issues can result from administering medication that interacts poorly with other medications or by providing the wrong dosage of medication. These errors can be the basis for medical malpractice claims.
Unborn children are also at risk of serious and life-long complications due to medical negligence. Medical malpractice during labor can cause serious medical conditions to the baby, including Erb’s palsy, shoulder dystocia, cerebral palsy, hypoxia, brain damage, or death. Healthcare providers may also fail to recognize signs of serious conditions in a pregnant woman, such as gestational diabetes, preeclampsia, or genetic conditions.
Average Medical Malpractice Settlements
Compared to other personal injury cases, the average medical malpractice settlement is highly valued. According to statistics from the National Practitioner Data Bank, the national average settlement payout is between $300,000 and $380,000, while the median payout ranges between $250,000 and $280,000.
However, if you win a medical malpractice lawsuit, you may be able to secure a verdict of over $1,000,000. Under Georgia law, you can seek compensation for economic, non-economic, and punitive damages. Recently, a medical malpractice lawsuit in Georgia resulted in a jury verdict of $38.6 million.
Some of the factors that can influence your settlement amount include:
The severity of the injury suffered
The gravity or extent of the negligence that caused the injury
Economic damages like lost income, medical bills, and loss of earning capacity
Non-economic damages like mental anguish and physical pain
The impact of the injury on your life, such as permanent disabilities or continuing medical treatment
The weight of the evidence you have to prove your claim and damages
Medical experts’ testimony
The quality of legal representation.
How Does a Malpractice Claim Work?
A medical malpractice claim can be filed against a healthcare facility, medical staff, or a doctor. Facilities and providers must carry medical malpractice insurance, so you can file a claim with their insurance carrier or choose to file a lawsuit.
Settlement negotiations can occur at any time during the process, so there’s always a chance for an out-of-court settlement. However, filing a medical malpractice lawsuit may be the only way to receive a fair settlement in some cases.
You can seek damages for medical expenses, lost earnings, pain and suffering, emotional distress, and punitive damages in your suit. You will need to prove that your doctor’s negligence was the cause of your injury and the damages you are requesting.
According to OCGA §51-1-27, a plaintiff must prove by a preponderance of the evidence that:
- The healthcare provider owed them a duty of care.
- The healthcare provider breached the duty of care by administering medical care negligently or below accepted medical standards.
- You sustained an injury.
- The provider’s negligence was the direct cause of the injury suffered.
While it can be easily established that the medical provider owed you a duty of care, proving the other elements is not as easy. It is crucial to hire a medical malpractice attorney who understands state laws and has experience handling medical malpractice cases. You will also likely need testimony from a qualified medical expert to establish that the provider did not meet the accepted standard of care and caused your injury.
Check out our medical malpractice FAQs to learn more about medical malpractice in Georgia.
What Is the Statute of Limitation for Medical Malpractice Lawsuits in Atlanta, GA?
Time is of the essence when filing a medical malpractice lawsuit. If the statute of limitations expires before you bring your case to court, you may be unable to recover for your losses.
According to OCGA §9-3-71, you have two years from the date on which the injury or death occurred to file a lawsuit. Ultimately, a malpractice or wrongful death claim cannot be brought after five years from when the wrongful act occurred, including in cases of delayed symptoms or discovery.
Dressie Law Firm Can Help You
Proving the elements necessary to establish medical malpractice can be complex. Hiring an experienced attorney can increase your chances for a favorable outcome.
Our Atlanta medical malpractice attorneys at Dressie Law Firm are readily available to represent you in the settlement negotiations and lawsuit. We can answer your questions and help you secure the best possible outcome.
Contact us today to schedule a free case evaluation.
The Dressie Law Firm Can Help You
Contact us today to schedule your free consultation!