Do I Have a Case?

Jun 10, 2022

How Do You Know If You Have a Case?

The most asked question we hear is, “Do I Have a Case?” The first thing you should do is consult with an experienced attorney if you suspect you might have a medical malpractice or personal injury case. The consultation is free and there is no cost to you. Any payments are made on a contingency fee basis. What this means is that our fee is contingent upon the outcome of your case. We do not receive payment unless we obtain a recovery on your behalf. If you have a case that goes to trial and loses, you do not owe anything.

The good news is that thousands of medical procedures are performed every day in Georgia with positive outcomes. Many of these surgeries save lives and improve the quality of peoples’ lives. Medical providers however, just like anyone else, sometimes make mistakes on the job. Usually, those mistakes are minor and cause no real harm to patients. But a major error, or a combination of several minor mistakes, can have disastrous consequences for patients.

Surgical room with latex covered hand checking gauges. Do I have medical malpractice case?It is often challenging to know if you have a medical malpractice case claim. You may feel it was just the result the illness or a devastating injury. And many times, people feel bad about possibly suing a respected a medical professional for negligence or making an error. It is important that you consult with an expert who can determine if you or your family have a case. Do not let your feelings alone keep you from receiving the compensation you need and deserve.

Most medical malpractice cases are complicated and requires an expert to navigate the myriad of technicalities involved but there are three indicators that will help you determine if you have a case.

1. Lack of Informed Consent

Many medical procedures come with a certain amount of risk or possible complications. Before any treatment, a physician should explain the risks and benefits, so the patient knows what to expect. Lack of informed consent exists when:

A doctor performed a procedure the patient did not agree to

A doctor failed to sufficiently explain the risks and benefits of a treatment

Had the doctor fully explained the risks of treatment, the patient would have declined it/chosen an alternative.
In malpractice cases that involve a lack of informed consent, the patient must have suffered actual harm, but the patient’s attorney doesn’t need to prove that a healthcare worker deviated from the standard of care.

2. Extraordinary Consequences

Doctors must explain risks and benefits of treatment that are foreseeable – they don’t have to describe highly unusual risks. When a patient does experience a highly unusual outcome after treatment, that could be a sign that a mistake occurred. For example:

3. A Healthcare Provider Informs You of the Mistake

We cannot overstate the importance of consulting an attorney if you suspect medical malpractice. There is no cost to you. Please call 404-892-4900 to speak with one of our representatives.