Medical Malpractice FAQ

Georgia Medical Malpractice FAQ

What is Medical Malpractice?

Medical malpractice, or medical negligence, takes place when a hospital, doctor, nurse, dentist, lab tech or other healthcare provider fails to perform standard duties like those with similar training or experience, resulting in harm to a patient. Medical malpractice can apply to misdiagnosis, errors of surgery, mistakes and negligence.

What are common causes of malpractice?

  • Mishandling of patient records
  • Misread x-ray,
  • CT scan, or other test result
  • Failure to properly diagnose a condition in a timely fashion
  • Failure to promptly respond to patient symptoms
  • Surgical errors
  • Medication errors

How do I know if my healthcare provider committed malpractice?

Doctors and other medical providers often fail to, or refuse, to answer questions about what went wrong with a procedure, medication or diagnosis. A medical malpractice attorney can review your medical records, explain the legal process and advise whether your situation has legal merit. If you or a loved one believe you have a medical negligence claim, contact the medical malpractice law firm of Brown & Scoccimaro, P.C., for a free medical negligence consultation.

I signed a consent form. Does this mean I have I waived my rights?

Except in cases of extreme emergency, medical treatment must be provided with the patient’s informed consent. Patients sign a general consent form upon hospital admission. A more specific consent form is signed prior to invasive procedures or operations. These forms indicate that the doctor has fully explained the medical problem, treatment and risks. The patient had an opportunity to ask questions. If a doctor fails to provide the appropriate standard of care, a consent form does not waive a patient’s right to bring a medical malpractice claim against the healthcare provider

What should I do if I suspect that malpractice has occurred?

Don’t accuse or insult  health care providers. Document everything that happens. Consult an experienced medical malpractice attorney who can help you review your medical records, explain the legal process to you, and advise you. If the treatment is ongoing, consider requesting a transfer to another hospital or physician for medical treatment.

Is misdiagnosis always considered malpractice?

A misdiagnosis may be considered malpractice if your doctor neglects to do the following:

  • Get a medical history
  • Recognize the symptoms of an illness
  • Order appropriate tests for your symptoms
  • Properly read, or fully take into account test results


Are some conditions easy to misdiagnose if the proper tests aren’t ordered?”]Some of the medical conditions that are most often misdiagnosed include the following:

  • cancer
  • fetal distress
  • heart attacks
  • pulmonary embolism
  • meningitis in a young child.


What is the statute of limitations for filing a medical malpractice lawsuit?

Yes, time is of the essence. You should contact an experienced malpractice lawyer as soon as you suspect medical malpractice in order to protect your rights.

Georgia Medical Malpractice FAQ

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