Why winning a Georgia medical malpractice suit isn’t easy?

It needs to be understood that at the end of the day, a Georgia medical malpractice lawsuit is a civil lawsuit and thus the burden of proof lies on none other but the plaintiff.

To paraphrase that, in order for someone claiming or seeking damages in a medical malpractice lawsuit to be successful, they will need to prove with evidentiary support that the defendant (which could be a doctor, nurse, a hospital, or any other healthcare professional or healthcare organization) was in fact negligent in either diagnosis, treatment, or is responsible for hospital neglect and is therefore guilty of medical malpractice.

This is not an easy task to accomplish, and anybody that is serious about winning their medical malpractice claim will need the professional help and guidance of a medical malpractice lawyer in central Georgia – not far away from where the show The Walking Dead started out. There are basically four steps or stages to proving and winning your medical malpractice lawsuit and a medical malpractice legal representative will be well versed with these stages and will know how to complete them to put you in the best light.

Establishing that the Defendant Owed You a Duty

According to Atlanta, GA medical malpractice lawyers, the first item that needs to be proven is that the defendant in the case owed you a duty to take care of you and do their best to do so. This is generally not very difficult to prove. The fact that you were under the care of a hospital or the defendant directly will entail that they owed you a duty in terms of medically treating you in an acceptable manner.

Now if you have the ability to pay they will take more time with you. That is just common sense. But if you are destitute they still should make sure you are OK, not bleeding, not in pain, and give you a plan on how to heal up completely outside of the hospital. Even if have health insurance and they are done treating you, your body can fully heal when you are back home. For instance, for a burn injury, you are not going to be in a hospital taking up prime real estate while all your burns heal. No way. After you have been treated and there is not any infection, your burns can heal up at your home with you resting and so on.

Proving that the Defendant was Negligent

This part is tricky and usually pivotal to the case. In order to prove that the defendant was negligent in diagnosing or treating you, you need to prove that the standard of care that the defendant imparted was below the accepted standard of care for that particular situation/medical condition.

In order to prove this, your medical malpractice attorney in central Georgia will summon or coordinate with a medical expert to testify as to what the acceptable standard of care is and will contrast it against what was actually provided in the case. There are obviously many other factors that come into play here, but standard of care is the most influential factor in determining the outcome of a medical malpractice lawsuit.

Lying in bed, feeling helpless. That is just terrible. It does not matter if you are home or in the hospital, lying in bed feeling desperate and that time is just rolling by without you making any discernible progress is terrible and aggravating. You need answers. You need legal help. You need to go right here: Medical-Malpractice.USAttorneys. Negligence did not build this site, fortitude did.

Cause of Damages

Just proving that the defendant was negligent in providing substandard healthcare will not be sufficient to win compensation for malpractice or hospital neglect. You are also burdened with the task of proving that the negligence and the substandard care was what caused the damages that you seek compensation for or that with the proper standard of care these circumstances would not have surfaced.

Estimating the Damages Monetarily

Finally, you will need to provide an estimation of the value of the damages that you seek. This number obviously needs to be backed up and properly quantified by medical bills, medical reports, and other relevant documentation and evidence.

Some of the most frivolous lawsuits that are filed in the US are medical malpractice and hospital neglect lawsuits, and this makes it even harder for genuine claims. We strongly suggest that you or anyone who is a victim of malpractice or hospital neglect ought to consult with an Atlanta, GA medical malpractice lawyer right away and to determine what your legal options are as soon as possible.