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Frequently Asked Questions About Medical Malpractice

April 11, 2016

Most medical professionals treat their patients with the utmost care.  However, medical negligence is thought to be the third leading cause of death in the United States, as reported by the Journal of the American Medical Association (JAMA). A medical malpractice claim arises from the negligent care of a health professional. Not all medical mistakes will amount to malpractice. Rather, medical malpractice occurs when a doctor fails to perform to reasonable standards of the profession. The victims of medical malpractice should have the right to pursue a cause of action against the doctor or other health care provider for their damages.

At Montlick and Associates, Attorneys at Law, we have assisted thousands of clients injured due to medical malpractice. We understand that our injured clients experience serious and ongoing injuries due to the medical errors made during their care and fight for our injured clients in order to obtain the compensation they deserve.

What is a Medical Malpractice Claim?

A medical malpractice claim is a claim against a healthcare provider, such as a dentist, doctor, nurse, hospital, hospital employee or technician under the theory of negligence. Medical negligence is defined as treatment that departs from the standard of care exhibited by those with similar training and experience, resulting in harm to patients.

Examples of medical malpractice include:

  • Surgical errors
  • Medical misdiagnoses
  • Birth injuries
  • Failure to timely diagnose a medical condition
  • Dangerous medications
  • Negligent care
  • Prescription drug or medication errors
  • Lack of informed consent
  • Anesthesia errors
  • Illnesses related to unsanitary conditions or instruments

Medical malpractice will often stem from surgical errors or failure to diagnose. All medical professionals must provide their patients with reasonable care. When they fail to meet this standard and injuries result, they should be held accountable.

Do I have a medical malpractice claim if I am not satisfied with the results of my surgery?

There are no guarantees of medical results, so mere dissatisfaction with your surgery may not necessarily give rise to a medical malpractice claim. Rather, to succeed in a medical malpractice claim, a plaintiff must demonstrate negligence and injury. Injuries can include surgical complications, worsening conditions due to failure to timely diagnose, side effects from improper medication dosing, permanent disability, and even death.

What should I do if I am injured by due to suspected medical malpractice?

If you believe you have been injured due to medical malpractice, you should consult with a lawyer as soon as possible. Medical malpractice cases are complex and will require skilled legal assistance. You must bring your medical malpractice claim within a certain period, or your action could be permanently barred. Contact our personal injury attorneys for a free consultation.

Put Our Law Firm's Over 39 Years of Legal Experience to Work For Your Case!

Montlick and Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 39 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.

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