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Hoffspiegel Law Blog

September 15, 2020

Medical malpractice is an all too common problem. A recent study from Johns Hopkins showed that medical malpractice was the number 3 cause of death in the United States and causes at least 250,000 deaths each year. 

Part of the reason that this isn’t front-page news more often is because of the complexity in understanding medical malpractice. 

Typically, medical malpractice cases are handled in the state court system, and much of the statutes and case law relating to medical malpractice are at the state level as well. 

For example, the Georgia Code § 51-1-27 discusses recovery for medical malpractice. It states: 

A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.

In other words, medical malpractice must exercise a certain standard of care compared to others in their field. If they fail to do so, and it results in an injury, the injured party might be able to recover. 

The exact language of the law on medical malpractice varies from state to state, but the general factors remain the same. That said, different states have more and less accessible options for recovery. 

Unfortunately, Georgia is a state where it is difficult to recover in a medical malpractice lawsuit. The limitations placed on claims are substantial, and there are many hoops to jump through to ensure your claim is able to continue. 

This follows the general trend of the law across the country. Despite the popular idea that spurious and exaggerated lawsuits are on the rise, the reality is that many honest and genuine claims are not getting the justice that they deserve. 

There are many reasons for this. For starters, many victims of medical malpractice simply choose not to move forward with a lawsuit. 

Some are concerned with the financial and personal burden. Others might be under the false impression that such a suit would raise their medical bills. 

Regardless of their reasons, these victims are left with no support as they deal with serious, possibly permanent injuries and high medical expenses. 

If you are in a position similar to what I just described, here’s my advice to you coming from decades of experience handling medical malpractice cases:

Call a medical malpractice attorney. Handling a medical malpractice claim is challenging. The process is much easier with an expert to guide you through your process. Let your attorney handle the claim while you focus on recovery. 

Consider getting a second opinion. The medical field is complex, and it isn’t always immediately clear if, and to what degree, you have suffered an injury due to medical malpractice. 

You don’t want to underestimate the impact of your injuries. Getting a second opinion is beneficial both in estimating a reasonable level of compensation to seek and in preparing for a trial if one takes place.

If you’ve been harmed or lost a loved one to medical practice, Hoffspiegel Law is here for you. We work diligently to ensure our clients receive the justice and compensation they deserve. 

Rather than focusing on a settlement strategy, we make decisions regarding trial based on your needs and desires. 

Give us a call at (404) 760-8600 to discuss details.