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Medical malpractice is a form of negligence involving a medical treatment provider. If someone is injured as a result of a treatment provider's departure from the standard of care , that provider may be liable for the injury that has occurred. Whether or not a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region.  
Medical malpractice does not occur every time there is a bad outcome from treatment. It is simply a duty to provide good care according to the accepted standards of the community and/or a particular medical specialty. Some latitude is generally given to practitioners with respect to the manner in which they choose to address the problems of specific patients.  
Negligent medical care generally results in significant medical expenses, lost wages and other significant economic losses . Of course, a person who has received negligent medical care can be permanently injured and face a lifetime of pain and suffering and mental anguish . Inevitably, the entire family is impacted.  
  Victims of medical malpractice are entitled to recover damages for past and future medical expenses, lost wages and pain and suffering. In addition, the person has a right to recover economic costs such as changes to their home that are necessary due to their new disability and medical equipment essential for their survival. The spouse of the injured person has the right to recover for the loss of consortium or services and companionship of their spouse.  
  Medical malpractice actions are extremely complicated to pursue. The insurance companies which handle the claims on behalf of the physicians and other medical professionals are very aggressive in defending claims against the physicians and hospitals they insure. In addition, the physician generally must consent to any settlement. This generally results in most cases being litigated. In the State of Georgia, a lawsuit generally cannot even be commenced unless the affidavit of a physician setting forth the negligence of the Defendant is attached to the complaint. Since many physicians will not give an affidavit against a fellow physician in the same city, a nationwide search for an expert to testify for the injured person is generally required.  
  Because of the complexity of medical malpractice actions, it is important that they be pursued as soon as possible after the negligent conduct. Medical records and bills have to be gathered and reviewed by the person handling the claim. After an expert witness is identified, he or she must review the records and confirm the existence of the negligent conduct. A lawsuit and affidavit for the expert must then be drafted and filed. It is important that a person who believes they have been the victim of medical malpractice have their case reviewed as soon as possible by a qualified attorney who can advise them whether they have a viable claim.  



Do you suspect that a spouse or parent is being abused or neglected in a nursing home or long-term care facility? Some signs of abuse might be easier to detect than other signs. We represent clients who have been concerned about a variety of abusive and careless nursing home actions.

  • Bedsores
  • Prescription errors
  • Malnutrition
  • Dehydration
  • Unexplained death
  • Unsanitary conditions
  • Unexplained injuries
  • Verbal abuse
Nursing home residents are also at a higher risk for falls which often result in fractures . Nursing home professionals are required to assess each patient's risk for falling.
  If you or a loved one is in need of legal assistance, please call Kaufman Law, P.C. at toll free (800) 488-4833 or contact us online. The initial consultation is free. If we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we recover money for you. Contingency Fees are lawyers' fees. Costs and other expenses usually must be paid by the client. Contingency fees are not allowed by the State Bar of Georgia in all cases. Our firm's practice is to Advance all costs and expenses and be reimbursed from the proceeds of the case. Please call right away to ensure that you do not waive any of your rights.  
  These materials have been prepared by Kaufman Law, P.C. for informational purposes only and are not legal advice. You should not act upon this information without seeking professional counsel. Transmission of information is not intended to create, and receipt does not constitute, an attorney-client relationship between you and the firm. The content of any correspondence you send via the internet will not be considered confidential unless you have received written confirmation to the contrary. Time-sensitive information should not be sent through this site.