While taking her children to school, a 40-year-old mother became dizzy, disorientated, nauseous and short of breath. She went home to rest — however, upon laying down, she started coughing and was unable to take a full breath. By propping herself up on pillows, she noticed some improvement. However, over the next couple of days, the symptoms persisted. Both of the mother’s parents died in their 50’s due to heart disease — therefore, the mother decided to go to the ER. After articulating her issue multiple times to nurses, techs and the treating doctor, as well as providing her family history, the mother was sent home with anti-anxiety medication and instructed to start bio-feedback.
Three days later, the mother experienced severe chest pain and passed out while taking a shower. Her eldest child found her and called 911. The mother had to undergo triple-bypass surgery due to an underlying undiagnosed heart condition. If the ER would have conducted a routine EKG and echocardiogram, the mother’s rhythm abnormalities would have been detected. Despite the frenzied state of the ER department on the day the mother sought treatment, the healthcare providers may be held liable for failure to exercise reasonable care. By seeking assistance from experienced Georgia personal injury attorneys, the mother may recover costs acquired due to the healthcare professional’s treatment.
Establishing the presence of negligence
Healthcare providers, such as physicians, nurses, physician’s assistants and other medical industry professionals are required to apply a reasonable standard of care. In the above example, the physician most likely should have ordered further testing based on the man’s family history and symptoms. Under the Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005), to file a medical malpractice claim, a patient is required to establish:
- A doctor-patient relationship existed.
- The treatment provided comprised of negligent acts.
- The patient suffered harm as a result of the negligence.
The injured patient must demonstrate that the duty to exercise a reasonable standard of care by the ER doctor and healthcare professionals was breached and caused foreseeable harm. A dedicated Marietta personal injury attorney assists clients in assessing whether the requisite standard of care was breached by a healthcare professional and caused injury to the patient.
Consult premiere Georgia personal injury lawyers
By retaining the Nicholson Phillips, clients acquire assistance from highly skilled attorneys who are determined to provide superior representation and obtain the maximum recovery for injuries that are sustained as a result of medical malpractice. The firm represents clients in Marietta and the surrounding areas.