Medical Malpractice

MEDICAL MALPRACTICE

Medical malpractice is the most common type of malpractice lawsuit. It typically involves the negligence of a physician or other health care provider while diagnosing or treating a patient. In the past, courts decided whether a physician's conduct was negligent by comparing that conduct with the practices in the locality where the doctor worked or with the practices of his or her field of medicine. These comparisons made it difficult for injured patients to win malpractice lawsuits. Other doctors who could describe the practices in the locality were often reluctant to testify against their colleagues. More recently, courts have applied a national standard for professional conduct when determining whether malpractice occurred.

A small proportion of medical malpractice cases result from the intentional misconduct of the physician, such as improperly touching a patient who is unconscious. However, plaintiffs who are harmed in such a manner typically charge that the physician committed battery, an intentional tort, rather than alleging malpractice. A physician may also commit malpractice by doing something without obtaining the patient's informed consent. For example, a doctor may commit malpractice by giving a patient an experimental drug without first informing the patient about potential risks or side effects, and then obtaining the patient's consent to use the drug.

If you or someone you know has been involved in a serious accident in Georgia, Finch McCranie, LLP may be able to help you. For your convenience Finch McCranie, LLP offers you a Free Case Review. For inmediate assistance, please contact us at Toll Free 1-800-228-9159 or fill out our Free Case Review Form. Remember that for over 30 years Finch McCranie, LLP has succesfully helped hundreds of people to solve their legal problems: "Our commitment is to the victims, their families and their future..."

Recent Results

1. In a medical malpractice case, our firm reached a confidential settlement for the parents of a small child who died from complications of receiving anesthesia. Based upon the firm’s extensive pre-suit research and investigation, the case settled soon after the filing of suit.

2. After filing a medical malpractice lawsuit, the firm negotiated a confidential settlement for a 21 year-old client who, after falling and injuring her knee, was taken to the emergency department of a local hospital. As a result of the failure to properly diagnose her injury, her leg was later amputated.

3. Our attorneys represented a client alleging that a large health care provider had defrauded him and other patients and had inflated the cost of treatment by secretly paying kickbacks for referrals of patients. The firm brought a fraud and civil RICO action against the providers involved. A confidential settlement was reached before trial.