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How Do I Know If I Have a Medical Malpractice Case?

First, let’s define medical malpractice. Medical malpractice is any negligent or careless act by a doctor, nurse, hospital, dentist or other healthcare professional. This can include everything from failure to diagnose to surgical error.

The difficulty with medical malpractice is that most people are not well-versed in medical procedures and treatments. In personal injury cases, it is usually clear to the average person if someone was negligent in an accident, because most people drive and have an understanding of traffic laws. In medical malpractice cases, however, the details are a bit more complicated, and it takes a team of experts to determine if there was negligence involved.

To help determine if you have a medical malpractice case, start by taking a few steps:

Figure out exactly when the malpractice occurred.

Due to the statute of limitations in Georgia, patients have two years from the date of malpractice to file a lawsuit (except in child malpractice cases). If the claim is not filed within that time period, compensation cannot be sought.

Speak to an attorney who specializes in medical malpractice cases.

Take the time to discuss your case with a licensed, expert attorney. They know the ins and outs of the law, so they can handle your case in the best way possible.

In addition to his expertise as an attorney, Dr. Kaplan of Kaplan & Lukowski, LLP also practiced general surgery for over 20 years, and has the medical expertise to determine if your case is legitimate. Our team can identify the necessary evidence and proof needed to prevail on your behalf.

Review your medical records with an attorney.

This step allows Kaplan & Lukowski to know exactly what they are dealing with.  Medical records allow our team  to see if the health care provider appears to have been negligent, if that negligence was the cause of the injury, and what the severity of the injury was.

Review the costs of the injury and the lawsuit.

At Kaplan & Lukowski, LLP, we want our clients to receive just compensation. But, this means that we only take cases in which the legal fees do not outweigh the settlement or recovery. It is not uncommon for expenses to exceed $100,000, because of the cost of hiring expert witnesses, paying for deposition transcripts, and for preparing special exhibits for trial. If the cost of the injury expenses are less than the legal fees, we will not usually take the case because it wouldn’t be beneficial for the client.

If you believe that you or a loved one has been the victim of medical malpractice, contact our Atlanta law firm for a free consultation. Our experienced medical malpractice attorneys can help you determine if you have a case, and how to best pursue compensation.

To schedule your medical malpractice consultation, call (404) 845-0012, or fill out our online contact form.