Medical Malpractice 

 

Medical malpractice is a form of negligence where an injury results from

the failure of a medical professional or medical facility (doctor, nurse,

medical technician, psychiatrist hospital, or healthcare facility) to exercise

adequate care, skill or diligence in performing a duty. The determination

of whether a duty of care is met depends upon the standard of care for

that professional or facility in their community. In other words, the

applicable duty arises from the accepted practices of other

professionals or facilities in the same field and geographical area.

In the case of a doctor who is a medical specialist, the standard of care is

determined by the standard of good medical practice in that specialty within the community. 

 

It is important to remember that the only duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from the treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, when if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness. In Georgia, in order to prove that you were injured due to the failure of a health provider you must show: (1) The health care provider failed to exercise a duty of care and (2) The failure was the proximate cause of the injury. 

 

If you or a loved one has been injured as a result of possible medical malpractice, call The Neighborhood Law Group now at 1-855-4-NLGLAW or click here to submit a simple case form. The initial consultation is free of charge and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.