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Do I Have a Medical Malpractice Case?

Medical malpractice cases are often complex, and the healthcare providers and hospitals that are sued typically have good lawyers to represent their best interest in court. Because of this, many medical malpractice cases are settled before trial. Whenever the attorneys of Kaplan & Lukowski, LLP accept a medical malpractice case, we know that it might settle before it ever reaches a courtroom; but, we assume that we will have to go to trial to obtain justice for our clients.

As we evaluate your potential medical malpractice case, our team considers the following questions:

When did the claimed malpractice occur?

Under Georgia law, a person who has been injured by medical malpractice has two years from the date of the injury to file a claim. (There is an exception for children.)

Based on the records provided, does it appear that the healthcare provider was negligent?

As we review your healthcare records, we will look for negligent actions on the part of the physician or hospital. For example, a physician may have run a diagnostic test, but never shared the abnormal results with you, thus allowing a condition that could benefit from early treatment to get worse.

Does it appear that the negligence of the healthcare provider was the direct cause of the injury?

There are some cases in which the physician or healthcare provider could not have foreseen the potential for injury; in this case, it might be difficult to prove that he or she was the direct cause of your injury or illness.

What is the severity of the injury?

Because of their complex nature, medical malpractice cases can be costly. These expense often include hiring expert witnesses, many of whom are out of state, and preparing special exhibits for trial. If the cost of bringing the lawsuit is more than the expected recovery, we may recommend against filing a claim. Simply put, we do not take cases that will not benefit our clients.

Find Out If You Have a Medical Malpractice Case

If you think that you have been the victim of medical malpractice, the best thing to do is to contact the legal team at Kaplan & Lukowski, LLP so that we can review your unique situation. There is no quick and easy answer to the question “Do I have a medical malpractice case?”, but our team can provide you with better insight if we are able to evaluate your case.