Protecting Your Rights with a Medical Malpractice Attorney

If you or someone you love has suffered due to medical negligence, you may be wondering, “What constitutes medical malpractice?” In this comprehensive guide, we will explore the definition, common examples, and essential elements of a medical malpractice claim.

Understanding these crucial aspects is essential for protecting your rights. With the help of an experienced medical malpractice attorney, like Lasky Justus Law, you can fight for the justice you deserve.

Definition of Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the standard duty of care, resulting in harm or injury to a patient.

Common Examples of Medical Malpractice

Surgical Errors

Surgical errors are some of the most recognized forms of medical malpractice. Examples include wrong-site surgeries, where the procedure is performed on the wrong body part or leaving surgical instruments inside a patient. These errors can lead to severe complications, prolonged recovery, and permanent disabilities.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis occurs when a healthcare provider fails to identify a patient’s condition promptly and accurately. This can significantly impact treatment outcomes and the patient’s overall health. For example, if a cancer diagnosis is delayed, the patient may not receive critical treatment when it is most effective. This can lead to worsened health conditions and decreased chances of survival.

Medication Errors

Medication errors encompass a range of mistakes, such as prescribing the wrong medication, administering the wrong dosage, or failing to consider potential drug interactions. These errors can have serious consequences, including adverse drug reactions, organ damage, or even fatalities. Patients rely on healthcare professionals for safe and accurate medication management, making these errors especially concerning.

Birth Injuries

Birth injuries occur during the delivery process and may result from medical negligence. Examples include the mishandling of delivery instruments, failure to monitor the baby’s well-being or improper management of complications during childbirth. The consequences of birth injuries can be devastating, resulting in long-term disabilities or loss of life.

Anesthesia Errors

Administering anesthesia requires great precision and care. However, errors can occur, such as issuing an incorrect dosage or failing to monitor the patient’s vital signs during the procedure. Anesthesia errors can lead to severe complications, including brain damage, organ failure, or death.

Elements in a Medical Malpractice Case

To build a successful medical malpractice claim, you must establish the following elements:

Duty of Care

The doctor-patient relationship establishes a duty of care owed by healthcare providers to their patients. This means that healthcare providers must provide treatment that meets a reasonable standard of care, given the patient’s medical needs. Proving the existence of a duty of care is crucial in a medical malpractice claim, as it provides the foundation for the other elements.

Breach of Duty

A healthcare provider breaches their duty of care when they fail to provide treatment that meets the reasonable standard of care. This can occur in several ways, such as misdiagnosing a condition, administering incorrect medication, or failing to monitor a patient’s vital signs during a medical procedure. Demonstrating the breach of duty is key to proving medical malpractice.


For a medical malpractice claim to be successful, it is essential to establish that the healthcare provider’s breach of duty caused the patient harm. This involves demonstrating a clear link between the healthcare provider’s actions or omissions and the resulting injury or illness. Proving causation can be one of the most challenging elements in a medical malpractice claim.


The final element in a medical malpractice claim is damages. Damages refer to the harm or losses the patient suffers due to the healthcare provider’s negligence. Examples of compensatory damages include medical expenses, lost wages, and pain and suffering. In severe negligence or misconduct cases, punitive damages aimed at punishing the healthcare provider may also be sought.

Considering Filing a Medical Malpractice Claim? You May Have the Following Questions…

Who can be held liable for medical malpractice?

Healthcare providers such as doctors, nurses, hospitals, clinics, and nursing homes may be held liable for medical malpractice if their negligence or misconduct causes harm to a patient. It is important to consult with an attorney to determine who may be held responsible based on the case’s specific circumstances.

How long do I have to file a medical malpractice claim in Georgia?

In Georgia, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the negligence. However, exceptions, such as the continuing treatment doctrine, allow for a claim to be filed within two years from the treatment’s end. It is essential to consult with an attorney to ensure compliance with the applicable deadline.

What damages can I recover in a medical malpractice claim?

Medical malpractice claims seek compensation for various damages, including medical expenses, lost wages, pain and suffering, disability or impairment, loss of consortium, and other related losses. The specific damages that may be recovered will depend on the circumstances of the case, and it is recommended to consult with an attorney who can evaluate the situation and advise on the available options.

What is the process for filing a medical malpractice claim?

Filing a medical malpractice claim involves several stages. Initially, consulting with a qualified attorney specializing in medical malpractice cases is important. They will review the medical records and consult experts in the relevant field to determine the strength of the case. After gathering the necessary evidence, the attorney will prepare and file a complaint. From there, the legal process involves discovery, negotiation, and, if necessary, trial.

How can you prevent potential medical negligence?

To prevent medical negligence, it’s critical to communicate openly with your healthcare provider, research your medical condition or treatment options, seek second opinions, be actively involved in your own healthcare, keep a record of your medical history, adhere to prescribed treatment plans, and trust your instincts. If you believe you’ve experienced medical malpractice, consult a qualified attorney to protect your rights.

How much does pursuing a medical malpractice claim cost?

The costs associated with pursuing a medical malpractice claim can vary. Most attorneys work on a contingency fee basis, meaning they only get paid if they win the case. Additionally, there may be expenses related to obtaining medical records, hiring expert witnesses, and other legal fees. Discussing fee arrangements with a potential attorney during the initial consultation is crucial.

If You’ve Suffered Due To Medical Negligence…

If you or someone you love has been a victim of medical malpractice, you must work with an experienced medical malpractice attorney. The Lasky Justus Law team, will work diligently to the complexities of your case, establish successful malpractice claims, and obtain justice and compensation.