Proving Liability in Atlanta Medical Malpractice Cases
When proving liability in Atlanta medical malpractice cases, you must be able to potentially prove your case beyond reasonable doubt. Proper preparation involves having extensive knowledge of the law, a full understanding of the court system and the proceedings of personal injury cases, and/or the potential consultation of an experienced attorney who can help you determine and prove malpractice liability. If you wish to know more, contact an Atlanta medical malpractice lawyer.
Expert Testimony Used
Proving liability in Atlanta medical malpractice cases typically involves expert testimony. Attorneys may have an expert come in, and that expert will need to be someone who performs the same kinds of procedures at issue. If talking about a surgical setting, for instance, if someone goes in to have an appendectomy and they tell them that one of the potential risks of having this appendectomy is that they could suffer a major bleeding event.
An expert that performs appendectomies would be needed to say that while that is a risk, in this particular case, the surgeon deviated from the standard of care, causing the patient to have a major bleed and that most surgeons performing that same procedure with a reasonable degree of care and skill would not have caused that major bleeding.
Performing Surgery Knowing the Risks of the Procedures
If certain risks are known risks of a procedure and there was no deviation in the standard of care, then that physician who performed the surgery is not going to be liable for any bad outcome that a client has. If a risk is disclosed and in performing the surgery the surgeon deviated from the standard of care, a client is still going to be able to recover for that.
It is not uncommon for patients to be blamed by the physician, nurse, or hospital when to proving liability in Atlanta medical malpractice cases. That may be best defended by showing how the patient did everything that they could reasonably do to take care of themselves and by establishing that the patient is someone who follows their doctor’s instructions and tries to take care of their health.
Common Misconception about Liability in Medical Malpractice in Atlanta
Some people who have filed a medical malpractice claim in Atlanta may claim that the hospital performed unnecessary surgeries. For example, a person may have checked into a hospital for hip pain, but may have had their leg amputated. This type of traumatic surgery may prove to be unnecessary for some people, but that alone may not be enough when it comes to proving liability in Atlanta medical malpractice cases.
No matter how clear or apparent it may seem to someone, certain requisites must be met in order to file a medical malpractice claim.
