Georgia Medical Malpractice Legal Questions

I handle malpractice cases in Georgia and Florida.  Georgia used to have statute that placed caps on the amount a jury could award as damages in a medical malpractice case.  However, several years ago the Georgia Supreme Court ruled that the one-size-fits-all damage cap violated the Georgia Constitution.  An appeallate Court may still conclude that any particular verdict is so high that it shocks the conscience and should be reduced, but it is on a case-by-case basis and there is no set cap on any case. Many other State Supreme Courts have reached the same conclusion as to their State malpractice caps, including Florida.  If you are a healthcare provider seeking medical malpractice liability insurance, you should probably seek the advice one or two medical malpractice insurance companies in your state as to the amounts most healthcare providers in your particular medical speciality usually carry, and why.  Best of luck to you,   Scott R. McMillen... Read More

I'm not sure why you are having difficulty.  If you have any of the records, many malpractice lawyers will review them and provide a free consultation.  If you have had lawyers review the records and they will not then take the case, you should request a explanation and basis so you may understand and then disclose this to any subsequent lawyers who review.  The reality is death is a risk in any surgery especially with general anesthesia.  No one can determine if there's a viable claim or if any medical professional was negligent without review the records.  Also whether the surgeon was in private practice or worked for the VA or a public university hospital may also be a factor in why attorneys may not accept the claim.   Again, the best thing to do is find a way to get all the records and have an attorney review it all, and typcially then, attorneys will engage medical experts and medical expert review services to analyze the records.  ... Read More

I'm sorry to hear of this event and your loss.  A settlement of a medical malpractice claim is never a certainty and whether the offending hospital, physician and its insurance company are even willing to make an offer depends upon many factors, and requires an opinion form a medical expert that someone's treatment fell below the applicable standard of care.   Sometimes settlements occur within months of presenting a claim,  along with the supporting expert opinion after carefully reviewing all the related records, and sometimes such cases take another year or 2 and require lawsuits in order to even bring about any settlement.  A settlement also depends upon the value the offending party and its insurance company places on the claim, if any, and what the harmed client is willing to agree to or accept.    I encouage you to consult a medical malpractice attorney and have a free consultation rather than just posting, as I'm sure someone will be willing to discuss the claim.  ... Read More

If you already have medical professionals in the same or similar speciality declaring that the treating surgeon's treatment was negligent or fell below the standard of care then I certainly urge you to contact a medical malpractice attorney to review the records and comence with an investigation.  Certainly, each state also has an investigatory unit or department for such actions.  You did not ask a specific question.  But assuming the question is do you have a case for medical negligence, again, that depends upon the opinion of a medical doctor who practices in the same or similar speciality.  If you have been permanently harmed and injured and had to undergo additiional surgeries then I encourage you to seek out legal advice and to obtain all the relevant medical records.  As to wehther the MRI was medically necessary, that again, depends upon a medical expert position.  ... Read More

Mechanical failure sounds more like defective product   get the part numbers and manuf documents from surgeon to investigate on web for any recalls or reports and can check FDA website or then consult a lawyer  either way when it comes out must have parts saved and examined ... Read More

The treatment you describe is certainly below accepted standards of care but if neither you nor your child suffered permanent harm a medical malpractice case is probably not financially viable. You should consider filing a complaint against the hospital. Click here for a website that will tell you how to do this. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read More

Secrecy surrounds almost all medical errors. Studies demonstrate that physicians rarely tell patients when consequential medical mistakes occur. This problem is magnified when a traumatic birth injury occurs because infants are unable to communicate and the extent of dysfunction caused by a birth injury can go undetected because children must develop before their ability to function (and functional deficits) can be evaluated. For these reasons, parents of children who suffer neurological deficits as a result of a traumatic labor and delivery often do not even consider consulting an attorney until years after these events occur. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Because I am an attorney, when I write to people about legal matters I have to insert language to cover my rear-end and say things that are usually already pretty obvious. This is not because I think you are stupid, it is because lawyers are held to a higher standard than most people when they are providing explanations about legal issues and are easily criticized for being misleading when less than clear. So, please understand that I am not acting as your attorney, I am not doing anything to protect any legal rights that you have and you should not consider this email as legal advice. If you have questions and want to investigate a case, you should contact an attorney in your state. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.... Read More

The failure to diagnose the condition may or may not have been negligence, depending on how prominant the symptoms were. I think the real question in the case is whether the delay in diagnosing the condition caused additional damagem because as you are no doubt aware, it is a congenital condition that can result in significant low vision even when it is timely diagnosed.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.   ... Read More

Sorry to hear that.  It sounds like a bad situation, but in your case, it could have been that the diarrhea progressed overtime because of an infection or another complication.  Hopefully, you spoke to the doctor as to the initial cause of the diarrhea.  You may contact an attorney to evaluate your case further.... Read More

Sorry to hear that.  There are a lot of reasons that patients have chest pain.  It does not have to be because of your heart.  Sometimes when you go to the ER, the preliminary tests do not show up for a heart attack.  Your situation is not uncommon.  You may contact an attorney to evaluate your case further.... Read More

You need to go to a doctor and get a second medical opinion about whether there is something wrong with you related to the surgery. Then, when you figure out what is going on medically, you can determine whether or not the first surgeon committed malpractice. Obviously, however, the most immediate concern should be dealing with the medical problems that are on your plate. After you get a better idea of what is going on medically, if you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.           Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More

I am sorry to hear about this. Sounds like you are dealing with a HIPAA violation.   Please go to this website to read more information about HIPAA violations and how to file a complaint, if you deem such necessary.  Best of luck!    http://www.hhs.gov/ocr/privacy/hipaa/complaints/ NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read More