Medical Malpractice Cases are Rarely Cut and Dry

Law Firm Newswire



Atlanta, GA (Law Firm Newswire) January 24, 2011 – Medical malpractice cases are defined by the presence of negligence. Without it, there is no case.

“Most people think of medical malpractice as something a doctor does; negligence in treating a patient. However, medical malpractice may also refer to any health care professional, and that includes dentists, nurses, druggists, technicians, therapists, hospitals and clinics. Medical malpractice is not particular about where it happens. If there is negligence involved, the negligent person is responsible for those injuries,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia.

The most important thing to remember is that without negligence, there is no medical malpractice case. This is why many lawyers who handle medical malpractice cases make sure to inform their clients that not every bad result someone gets as the result of medical treatment is classified as medical malpractice.

While many people think that when something goes wrong medically, it was because the doctor or other medical professional did something wrong, the fact is that bad things sometimes happen. For instance, if an organ transplant recipient’s body rejects the organ, this is not usually the result of medical malpractice, provided everything else was done according to accepted standards and procedures.

There are also cases where a person’s body, for whatever reasons, reacts badly to a drug. All things being equal, if the doctor and the patient did not know the drug would cause the reaction it did, it may not be medical malpractice. It may be a case of a bad outcome that happened despite the patient getting the proper care. This is why, when dealing with a suspected case of medical malpractice, it is best to speak to a qualified and experienced Atlanta personal injury attorney.

“Negligence is determined by judging the health care professional, as compared to their peers in the same area of practice. In other words, the widely accepted standard of best practice in that field in the care of a patient. Medical negligence is also determined by whether or not there is a direct connection between the injury and the healthcare professional’s supposed negligence,” Webb said.

Damages also play a large part in medical malpractice lawsuits. They may include medical bills, lost income and things such as pain and suffering. Patients who have a valid med mal claim also need to get their medical records quickly, before any alterations may be made to them. “Another large part of presenting a med mal case is the necessity for a medical expert, a witness who is willing to state that the medical mistake in question was negligent,” Webb said.

For this reason and others, medical malpractice claims take a long time to settle and are fairly expensive; both issues worth dealing with if justice is rendered in the final analysis.

To learn more, visit

Webb & D’Orazio are Atlanta personal injury lawyers practicing personal injury law, business law, and criminal defense in Atlanta Georgia.

Webb & D’Orazio
2551 Roswell Road
Suite 201
Marietta, GA 30062
Call: (800) 275-9144

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