A young woman learned from her doctor in Atlanta that she has a cancerous tumor on her left lung. After waking up in recovery, the woman learned the entire tumor was not removed, and a portion still remained on her lung. The female required another surgery to complete the original objective. Undoubtedly the woman has suffered an injury for which she seeks compensation, and, therefore, should contact personal injury lawyers in Marietta.
Filing a medical malpractice claim
If a healthcare professional breaches the standard of care while providing treatment to a patient, and thus causes injury to the patient, then medical malpractice occurs. The duty a doctor possesses is based on the standard of care a trained professional in their field possesses. In addition to the breach of duty, an individual must demonstrate that the surgeon’s act caused the injury sustained. In the example above, the surgeon’s failure to remove the entire tumor demonstrates a breach of duty, which caused the woman to endure an injury — e.g., another surgery and the delay in removing the cancerous tumor to prevent further metastasizing.
A victim of medical malpractice may seek the following damages:
- Medical expenses
- Wages or earning capacity
- Funeral and burial expenses
- Value of services performed by the injured in the absence of the injury, including domestic and other necessary services performed without compensation
- Non-economic damages, such as pain and suffering
- Punitive damages
There is no statutory limit on economic damages in Georgia for medical malpractice. However, under Ga. Code Ann. § 51-13-1, in a medical malpractice action against a medical facility, noneconomic damages are capped at $350,000. If there is more than one medical facility involved, the cap is set at $700,000, with an aggregate cap amount for non-economic damages from all facilities of $1,050,000.
If you have suffered an injury due to the negligence of a healthcare practitioner, then a personal injury law firm in Marietta can help you navigate the complexities of filing a medical malpractice claim.
Seek assistance from highly skilled Georgia medical malpractice lawyers
By retaining the Nicholson Phillips, you can acquire information from a dedicated medical malpractice attorney who is determined to understand the circumstances surrounding you injury — ensuring diligent representation. The Marietta office represents clients throughout Fulton County, Cobb County and the surrounding areas who have filed medical malpractice claims.