What Constitutes Medical Malpractice in Georgia?
Not every bad medical outcome is malpractice. That is one of the most important things for patients and families to understand.
A doctor can make the correct decision and still have a patient suffer a serious complication. A surgery can be performed appropriately and still have a poor outcome. A difficult diagnosis can be missed without negligence if the presentation truly was unclear and the provider acted reasonably.
A malpractice case exists only when the provider failed to use the level of care and skill required under the circumstances and that failure caused injury.
The Difference Between a Bad Result and Negligence
The law does not guarantee a cure. It does, however, require competent medical care. When a reasonably careful provider would have done something different and the patient is harmed because that was not done, the case may be malpractice.
Common Situations That May Amount to Malpractice
Medical malpractice may exist when a provider:
- fails to order appropriate testing;
- fails to appreciate abnormal test results;
- fails to diagnose a condition in time;
- performs a procedure negligently;
- leaves a foreign object in the body;
- fails to monitor a patient after treatment or surgery;
- ignores signs of deterioration;
- gives the wrong medication or dose; or
- fails to obtain informed consent in an appropriate case.
Why Expert Review Is Essential
Whether conduct amounts to malpractice is usually not something a patient can determine from the records alone. Medical issues that look obvious may be defensible. Other cases that look confusing at first become clear once the timeline is reconstructed and the medicine is analyzed carefully.
Common Questions
Can malpractice happen in the emergency room?
Yes. ER malpractice often involves missed diagnosis, inadequate triage, delayed treatment, or premature discharge.
Can a hospital be liable even if the main problem was a doctor?
Yes, depending on the facts. Hospital systems failures and nursing failures can be central parts of a case.
What if the doctor says the complication was a known risk?
That does not end the analysis. A known risk is not a defense if the injury resulted from negligent care.
Talk with an Experienced Medical Malpractice Attorney Today
Cash Krugler Fredericks reviews complex Georgia malpractice cases involving delayed diagnosis, surgical error, hospital negligence, and wrongful death. If you want to know whether what happened may constitute malpractice, contact our office.
