Georgia Medical Malpractice Lawyers Protecting the Rights of Clients Injured Due to Surgical Errors
Atlanta and Savannah injury attorneys with a record of success in jury trials and settlements
Although the United States has one of the most advanced health care systems in the world, medical errors are the third leading cause of death in the country. Every surgical procedure has some degree of risk, but when a surgical error is a result of a preventable medical mistake which causes serious injury or death to the patient, our civil justice system provides a venue for the injured person, or the loved ones of a patient who died, to recover compensation for their losses.
The skilled medical malpractice attorneys at Harris Lowry Manton LLP have been recognized by the legal community and throughout Georgia for constantly being at the top of our profession. We work closely with medical experts to investigate medical negligence claims and hold those responsible accountable for the harm they cause. We are here to protect your rights.
Examples of types of surgical errors
Every surgical error case is different, and there are countless ways in which a physician might make a mistake during surgery that could cause the patient’s injury. The following are just a few common examples:
- Wrong site, wrong procedure, wrong patient surgery (WSPEs)
- Perforation or injury to nearby organs
- Retaining surgical implements or tools inside the patient’s body after surgery
- Surgical site infections
- Nerve damage
- Anesthesia errors
- Delayed surgery
- Using defective or recalled medical devices
How do Atlanta and Savannah hospitals rank when it comes to surgical errors?
The Leapfrog Group, an independent non-profit organization, calculates hospitals scores for facilities throughout the country. There are five categories for each review, and “Problems with Surgery” contains seven (7) sub-sections. Here is how Atlanta and Savannah hospitals ranked overall, plus their individual scores for surgical errors:
- Candler Hospital: Overall grade of C.” 2/7 ratings of “below average.”
- Memorial University Medical Center: Overall grade of “C.” 4/7 ratings of “below average.”
- Joseph’s Hospital: Overall grade of “C.” 4/7 ratings of “below average.”
- Atlanta Medical Center: Overall grade of “D.” 4/6 ratings of “below average.” (One sub-section was unavailable.)
- Emory St. Joseph’s Hospital: Overall grade of “C.” 2/7 ratings of “below average”
- Emory University Hospital: Overall grade of “B.” 2/7 ratings of “below average.”
- Emory University Hospital Midtown: Overall grade of “D.” 4/7 ratings of “below average.”
- Piedmont Hospital: Overall grade of “C.” 5/7 ratings of “below average.”
When is a surgical error considered medical malpractice?
Mistakes happen. As human beings, doctors and other medical professionals are not infallible. But typical human errors do not usually rise to the level of malpractice. There are legal requirements for malpractice which includes the following:
- The action or failure to act on the part of a medical professional fails to comply with the accepted standard of practice, which is a breach in the duty of care required in a doctor-patient relationship
- The breach of standard of care must be the direct cause of the patient’s injury
- The patient’s injury created damages.
If a patient is dissatisfied with the outcome of their surgery, this is not grounds for malpractice. However, if a physician commits a surgical mistake which injures the patient, requires revision surgery to repair or causes the patient’s death, these may be grounds for a medical malpractice claim.
What compensation is available in a surgical error lawsuit?
If you decide to pursue a medical malpractice claim after an injury from a surgical error, there are two different types of damages that may be available to you depending on the nature and severity of your injury and the circumstances surrounding the surgical mistake including compensatory and non-economic damages:
- Medical bills (current and future medical expense related to the injury)
- Lost income and benefits
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (where appropriate)
- Loss of consortium (for spouses)
How can a Georgia medical malpractice attorney help me?
Pursuing a medical malpractice case is complex and time-consuming. You as the injured party would be the plaintiff in the case, and you must be able to prove that the physician or other medical professional’s negligence was the direct cause of your injuries and damages. In Georgia, when you file a medical malpractice claim, you must also file an affidavit prepared by a medical expert who is professionally licensed in Georgia and qualified to testify regarding the actions or failure to act on the part of the medical professional that you allege is responsible for your injuries. (O.C.G.A. 9-11-9.1)
Medical malpractice claims, generally, must be made within two (2) years from the day you were injured, or could have reasonably known you were injured. One exception to this rule is for foreign objects left in the body, which has a statute of limitations of one (1) year. There are additional exceptions for children, and for patients who are declared legally incompetent.
A qualified Atlanta or Savannah-based medical malpractice attorney from Harris Lowry Manton knows how to investigate your case, and they know how to recover compensation so that you can focus on healing and getting back to living your life.
Schedule a consultation with a compassionate medical malpractice lawyer today
If you or a loved one has suffered an injury because of a surgical error in Georgia, do not hesitate to speak to an experienced attorney from Harris Lowry Manton LLP today. You have the right to pursue compensation for your injuries, and the professional Georgia medical malpractice lawyers at HLM are here to help you. Call our Atlanta office at 404-998-8847 or our Savannah office at 912-417-3774 to schedule a free consultation. You can also complete our contact form to schedule a free consultation today.