Georgia Medical Malpractice Defense FAQs
Medical practitioners typically enjoy a higher degree of trust from their patients than most other types of professionals receive from their clients. However, since medicine is not an exact science, that level of trust can easily become an accusation when medical treatment does not achieve the desired results. Georgia law requires medical practitioners to operate within a standard of care established by other local practitioners within the same area of medicine. Even if you have not faced a medical malpractice lawsuit, you can benefit by learning the answers to common questions about how to protect yourself.
For answers to your specific questions, contact an experienced medical malpractice attorney
Every medical practitioner faces unique legal situations, so it can make sense to obtain answers to your specific questions directly from an experienced attorney. The law firm of Meadows & Macie, P.C. has a history of providing experienced defense for healthcare professionals and institutions since 1985. Call us at 770-957-1199 to schedule an appointment and learn how we can help.
Answers to common questions raised by medical practitioners
Can I experience less financial risk by settling frivolous lawsuits out of court?
On the surface, an out-of-court settlement may seem less expensive than going to court. However, if you look more deeply into the consequences of settling a malpractice claim when you did nothing wrong, you may realize the settlement amount is only the first cost of that decision. Other long-term costs include the loss of your reputation and a potential lifetime of increased malpractice insurance premiums. A skilled medical malpractice defense attorney in Atlanta or throughout Georgia can make a substantial difference to your career now and into the future.
Can medical practitioners face limitless awards payments in medical malpractice lawsuits?
When the courts find in favor of the plaintiff, the medical practitioners typically pay full economic damages, which can include all medical expenses related to the injury, income lost due to temporary or permanent disability and virtually any other type of expenses. But Georgia Code (O.C.G.A. § 51-13-1) limits the recovery of non-economic damages to a maximum of $350,000 paid by single defendant in most cases, and caps the aggregate amount of non-economic damages recoverable at $1,050,000.
Can I use patient negligence to defend against a medical malpractice claim?
Medical malpractice claims often turn out to be cases of negligence on the part of patients, rather than their medical practitioners. Just a few examples include wrong diagnoses resulting from the failure of a patient to provide a full medical history, or patients who become ill because they fail to follow prescription medication instructions — or even those who attempt to save money by taking reduced dosages. Medical malpractice defense attorneys conduct thorough investigations to determine the true cause of an injury or illness.
How can doctors protect themselves from medical malpractice lawsuits?
Although medical practitioners cannot fully protect themselves from all claims, they can reduce the likelihood of lawsuits by obtaining proper written consent for treatment, particularly treatments that involve higher risks. An experienced medical malpractice defense attorney can help you determine the information that you must include.