When medical care goes wrong, you may wonder who bears responsibility for your injuries. Doctors, nurses, anesthesiologists and pharmacists can all be held accountable for medical errors through malpractice claims. Hospitals and other health care facilities may also face liability, directly or through their employees’ actions.
In Georgia, uncovering the party or parties responsible for medical negligence helps you protect your rights when seeking compensation for injuries caused by substandard care. Insurance companies and pharmaceutical corporations might also share responsibility depending on the circumstances of your case.
Holding a health care facility responsible
Hospitals can be liable for medical errors in two primary ways. First, they have direct responsibility for their hiring and supervision practices. Second, they may be vicariously liable for their employees’ negligence under the legal principle of “respondeat superior,” a Latin phrase that literally translates to “let the superior answer.”
Georgia hospitals must maintain reasonable standards when hiring medical staff, and patients can sue them when they fail to do so. Examples of hospital negligence include:
- Failing to verify a physician’s credentials before granting hospital privileges
- Allowing incompetent health care providers to treat patients
- Not maintaining adequate staffing ratios between nurses and patients
- Failing to clarify questionable orders from physicians
- Inadequate supervision of medical staff
These failures in hospital administration can contribute significantly to patient harm and form the basis of a malpractice lawsuit.
Proving a malpractice claim
You must establish four key elements to succeed in a medical malpractice case. First, you need to prove the health care provider owed you a duty of care. Second, you must show they breached this duty through negligence. Third, you need to demonstrate that this breach directly caused your injury. Finally, you must document actual damages resulting from the negligence.
Help from an experienced medical malpractice attorney is crucial for navigating these complex requirements. A skilled lawyer can gather medical records, identify potential defendants and consult with medical professionals who can testify about proper standards of care.
Time is critical in these cases, as Georgia imposes strict deadlines for filing malpractice claims. Your attorney will ensure all paperwork is filed correctly and within the required timeframe, giving you the best chance at receiving compensation for your medical bills, lost wages and pain and suffering.