Pursuing a medical malpractice case requires extraordinary diligence and persistence as well as a fair amount of courage. Doctors and hospital seldom settle without a long, protracted battle. Failing to have a legal team in place with the resources to go the distance can torpedo an otherwise viable case.
When medical care is needed, we turn to doctors and other healthcare workers for help. The overwhelming majority of these individuals are dedicated professionals who take their job very seriously.
We have witnessed the dedication of medical professionals during the Covid-19 pandemic. Doctors and nurses working in the emergency rooms and hospitals across our great nation are heroes. They are working long hours often with insufficient equipment putting their lives on the line as well as risking the health of family members to fight this pandemic and save lives. The Baer Law Firm shares in the deep gratitude felt by all of us for what our health care workers are doing and continue to do in the wake of the pandemic.
Medical malpractice is not suing a doctor who has done his best just because a bad outcome happens. The law recognizes that despite doctors’ best efforts, sometimes a person does not get better. The fact that a different treatment path could have been offered does not necessarily give rise to a case. The law requires more than playing an armchair quarterback nitpicking provider decisions.
Medical malpractice occurs when a healthcare provider violates a rule established in the medical community for treatment under like circumstances and conditions. For example, it is a rule in the medical community that foreign bodies (such as sponges, etc.) used during surgery must be counted to ensure all are removed before completing surgery. If this rule is violated and a foreign body is left in a patient and the patient suffers harm, this is a violation of a rule that typically gives rise to medical malpractice case. Unfortunately, harm caused by the negligence of a medical provider can be catastrophic — severe brain injuries, loss of limb, paralysis and death can occur when medical providers fail to follow accepted rules, for whatever reason.
If you think you may be a victim of medical malpractice, call 404.THE.BAER (404.843.2237). Atlanta medical malpractice lawyer Bryan Baer will meet with you in a free consultation to answer your questions.
Medical malpractice occurs when a healthcare provider’s treatment fails to meet an acceptable standard of care. As a result of care that falls below the standard required in the medical community for a particular evaluation, diagnosis or procedure, the patient is harmed. Unfortunately, harm caused by the negligence of a medical provider can be catastrophic — severe brain injuries, loss of limb, paralysis and death can occur due to medical malpractice.
Surgical mistakes, whether those mistakes occur in a hospital operating room or in an outpatient surgical facility, can be deadly. Communication among the surgical team is critical, especially between the surgeon and the attending anesthesiologist. Mistakes in the delivery or administration of anesthesia can cause permanent brain injuries or death. Performing a surgery on the wrong site (such as the left leg versus right leg) are egregious errors that unfortunately happen and are a clear violation of standard of care. Carelessness in performing a surgical procedure can have life altering consequences.
This can happen if the prescribing physician makes a mistake in the dosage or amount. A pharmacist should catch the error, but often they do not. More frequently, however, medication errors occur on the pharmacy end. The wrong prescription is filled, or the wrong dosage provided. Unfortunately, this is happening with increased frequency as pharmacists (particularly those at some of the bigger chains) are pushed to do more and more with less resources. The New York Times shared a good article regarding this in its January 31, 2020 edition. These errors can ultimately put lives at risk. When grave consequences result from a prescription error, consult a medical malpractice attorney.
Mistakes during the delivery of a child can cause numerous heart wrenching conditions in the newborn that require a lifetime of care. Appropriate care can cost millions if not tens of millions of dollars over the life of the innocent child placing huge burdens on grieving parents.
Patients trust doctors to make the correct diagnosis. If he or she fails to timely and accurately assess a condition, the results may be disastrous. A misdiagnosis occurs when a condition is not accurately and timely identified, and that delay causes life-altering harm. However, just because a doctor fails to accurately diagnose a condition does not mean that malpractice is committed. To constitute medical malpractice, the failure of a provider to correctly assess symptoms, read a report or order a test that would have revealed the proper diagnoses must be a violation of a clear rule established in the medical community.
Evaluating a case to determine if the injury is due to a violation or breach of the required medical standard of care requires significant time, review and analysis. Bringing a case against a medical professional for medical malpractice often requires obtaining testimony of multiple medical experts which can cost tens if not hundreds of thousands of dollars. In addition to high costs, medical malpractice cases typically take years to resolve. Doctors and hospitals seldom settle medical malpractice cases – at least not early in the process. The likelihood that a medical malpractice case will go to trial is far greater than other types of injury cases. At trial, more medical malpractice cases are lost than won. This is primarily due to the trust we have as a society in our healthcare providers which, as stated above, is well deserved. This is the biggest challenge to overcome at trial as it is typically difficult for a jury to find fault against a medical provider in a medical malpractice case.
Due to the time, expense and risk involved in bringing a medical malpractice case, injuries typically need to be catastrophic (permanent and life altering). Attorneys generally work backward in evaluating the viability of a medical malpractice case – assessing injuries first before the negligence. Unfortunately, many cases involving medical malpractice just cannot be pursued on the basis that the likely costs will exceed the potential recovery.
If injuries warrant pursuit of a medical malpractice case, several phases are involved in assessing whether the case is pursuable. These phases can take six months to a year, sometimes longer.
The attorney works with a nurse or doctor to review of all applicable medical records in conjunction with medical literature regarding appropriate standard of care
The attorney seeks the assistance of one or more medical experts – typically an independent physician well respected in his or her field – to review the records and provide an opinion. Often, multiple experts are needed in the reviewing phase to ensure all basis of potential negligence are covered.
Example of a tab The medical experts prepare detailed affidavits specifying one or more acts or omissions constituting negligence by the medical professional.
Only after these affidavits are signed can the attorney file a medical malpractice suit in Georgia.
There are three important points to consider if you think you or a loved one may have a case for medical malpractice:
Atlanta medical malpractice attorney Bryan Baer strictly limits the number of medical malpractice cases he takes on at any one time. This is because of the tremendous amount of time required to properly devote to a medical malpractice case in order to prevail. If The Baer Law Firm takes your case, it will be vigorously pursued, and you will know where the case stands throughout its phases.
Most of the medical malpractice cases that attorney Bryan Baer and The Baer Law Firm pursue involve errors and omissions in a hospital or surgical setting and often involve mistakes in delivering anesthesia or the monitoring of patients under anesthesia. Two recent cases below demonstrate the hurdles involved in these types of cases and how courageous and compassionate representation can lead to successful results.
Attorney Bryan Baer represented a woman who went into cardiac arrest following a lengthy surgery. As a result of the cardiac arrest, the woman suffered an anoxic brain injury due to deprivation of oxygen in the brain which resulted in her losing most of her short-term memory. After a thorough review of her medical records, it was determined that the hospital nurse failed to follow the rules with respect to monitoring his client following surgery – failing to check vitals during the nighttime hours. Had proper monitoring been performed, the hospital would have realized his client was declining before cardiac arrest and prevented her anoxic brain injury. Attorney Bryan Baer’s diligence resulted in a multi-million-dollar settlement for his client.
Attorney Bryan Baer represented the family of a disabled man who went to an Atlanta area hospital with blood clots. After admitting him, the hospital then released him before consulting with proper specialists and performing necessary tests to determine the severity of the clots. Within hours of being released from the hospital he died of a pulmonary embolism which occurs when a clot releases into the blood stream and enters the lungs. The greatest challenge in the case was finding the right expert to testify as to a breach of the standard of care because the hospital’s course of action was accepted protocol for some patients. Attorney Bryan Baer consulted with numerous doctors ultimately finding a doctor with the specific expertise qualified to provide the required opinion and making the case. Attorney Bryan Baer’s perseverance resulted in a $950,000 settlement for his client.
The Baer Law Firm has handled many complex medical malpractice cases. Atlanta medical malpractice lawyer Bryan Baer has the knowledge and expertise to dedicate to your case and obtain results you deserve. Call 404.THE.BAER (404.843.2237) or fill out our online contact form so we may discuss your case in a free consultation.