Losing a loved one to illness or death is already a tragic event for the family. Being a wrongly injured patient is more than disappointing when you are expecting an improved outcome, and instead are left feeling worse than before by no fault of your own. Coupled with navigating the world of medical malpractice, the journey turns even more traumatic causing unnecessary pains for the people involved. That is why the incredibly experienced injury attorneys at Benton & Benton are there to help.

Medical malpractice is a legal term that involves extensive discovery of injuries suffered by a patient due to negligent, intentional or careless attitude of their physician. However, the plaintiff must be able to  prove any or all of the following to file a lawsuit against their medical practitioners:

• The medical personnel owed a specific duty to the patient;
• The breach of such a duty occurred due to negligence or malpractice;
• Proof of present and future injuries or harms caused by such a malpractice;
• Any resulting economic damages presently and even in the future due to the injuries caused by  the medical malpractice;

There are several rules concerning filing of a lawsuit against medical malpractice by your doctor. It is very complicated for a person already suffering from the emotional and physical turmoil of the injuries and losses suffered, to be able to navigate around the complex process of completing extensive research and paperwork for the malpractice trials. That is where our experienced malpractice attorneys at Benton  & Benton come into place.

Medical malpractice differs from ordinary personal injury cases. In most cases, the plaintiffs are not able to pinpoint the exact rule of malpractice and the value of harm that would apply to their case. However,  a malpractice attorney is highly experienced in malpractice lawsuits such as birth injuries, surgical errors,  anesthesia administration errors, misdiagnosis or failure to diagnose, failure to treat, premature medical release, wrong prescriptions or overdose advised, etc. Other cases of negligent medical practice may include:

• Nursing home negligence
• Sores or ulcers caused by wrong pressure
• Negligent patient supervision

• Plastic surgery mistakes
• Foreign objects such as sponges, broken equipment e.g. scissors, etc left in following surgery
• Organ transplant mistakes such as liver and kidney transplants

• Failure in diagnosing cancer
• Failing to order appropriate diagnostic testing
• Errors in prescription drugs or overdoses
• Failure in adequately reviewing lab results
• Failure in treating infections
• Failing to recognize and administer the right treatment for the illness or in a timely manner

• Misreading or ignorance of laboratory results
• Poor follow-ups or mistakes in aftercare
• Unnecessary surgeries that worsened the conditions
• Disregard of appropriate medical history of the patient
• Mistakes in hand surgery
• Negligence leading to birth injuries
• Malpractice in billing
• Veterinary Malpractice such as negligence in treatment of cat’s injuries that led to more harm or  possible death
• Chiropractic errors
• Wrongly administered cosmetic surgery
• Aortic aneurysm
• Emergency room disasters due to negligence
• Doctor neglect such as hurried diagnosis
• Dental care malpractice
• Negligent mistakes leading to death
• Hysterectomy mistakes

Being able to represent your case properly is half of the struggle in a medical malpractice lawsuit. Malpractice attorneys use expert witnesses to build the case that your physician actually behaved in a negligent manner. At Benton &  Benton, Eugene and Bart use their extensive years of litigation to bring you justice. There are two basic steps involved in malpractice litigation:

It is vital to collect and organize all the evidence that might serve your case. Our service includes but is not limited to obtaining certified copies of bills, medical records, physician prescriptions, statements,  radiology films, etc. In some cases, if absolutely necessary, the court may also require to reproduce the  ‘audit trail’. This includes a collection of electronic data leading to a trail of evidence as to who accessed your data and all the changes associated with it till the last record. Often, we might even work to reproduce any correspondence via emails or text messages between you and your medical practitioner to prove your case. In addition, the researching of evidence may also include gathering of witness interviews such as caretaker’s testimonials at home, or a family member, etc.

All the malpractice lawsuits in Georgia would require the plaintiff to be able to prove that the breach in fact occurred. Moreover, there are certain timelines for each specific type of malpractice case that could be brought to the court. For instance, the malpractice lawsuit for a death may only be filed until two years following the death. Similarly, for any injuries suffered to a child under the age of five, claims may be brought until two years following the injury i.e., until the child turns seven. In addition, each case may have its own types of personal and economic claims, together or separately. Take for instance, the child under 5 injuries – the child would have claims of present and future injuries, while the parent would have claims to economic losses incurred due to the medical malpractice. Hence, at Benton & Benton,  our seasoned attorneys can easily navigate you through the rules of malpractice laws to avoid neutralizing your case due to unnecessary delays or manipulation by your medical provider(s).

In many circumstances, our objective is to avoid taking cases to trial. We want to be able to find the best settlements for our clients. Eugene and Bart Benton will do everything they can to bring you justice for what you have been through.

If you have been wronged due to counter actions, negligence or breach of a standard by your medical provider, you’re not alone. We understand that dealing with the physical and financial losses due to malpractice might be a rollercoaster for you. That is why our skilled malpractice attorneys are here to help. If you need help with either economic or non-economic losses, or both, you can contact us today for legal help and malpractice litigation.