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When Medical Treatment Leads to Injury: Georgia Medical Malpractice and Patient’s Rights

March 09, 2017

When we go to the doctor, we are looking to have our health monitored or improved. Unfortunately, sometimes medical professionals fail to diagnose or properly treat the conditions that their patients suffer from, leading to the patient's health actually being made worse rather than better. When a doctor or other medical professional's care performed in the same way as reasonable doctor would in the same situation, and harm occurs to the patient as a result, medical malpractice has occurred. Oftentimes, these cases involve treatment that was not proper, not properly administered, a failure on the doctor's part to diagnose a patient's condition, a failure to correctly diagnose the patient's condition, failure to properly warn patients of possible risks presented by a certain procedure.

Medical malpractice cases have several requirements. The patient must have received an injury that was caused by the negligent actions of his or her doctor. To expand on this a little, the doctor or medical professional involved must have entered into a doctor and patient relationship, as in they agreed to provide the patient treatment. 

Also, the doctor must have been negligent in their treatment. Negligence is a legal concept that comes into play in many lawsuits, and for a person to be considered negligent they must have acted in a way that a reasonably prudent person would not have acted under the same circumstances. In the case of medical malpractice, the standard is that the doctor must have acted as a reasonably prudent doctor would have, since as a doctor, we expect him or her to have more knowledge in the medical field than an average person would.

It is also necessary that the doctor's negligence caused the injury to the patient. If the doctor was negligent, but that did not impact the patient in any way, there would likely be no cause of action to pursue. Additionally, if the doctor was negligent and that patient was injured, but not by the negligent act of the doctor there would also not necessarily be a viable claim. To illustrate, if a doctor negligently prescribed the wrong medication, but the pharmacist discovered the error before it caused any harm to the patient, there would not have been a case for malpractice, because no harm was caused. If a patient was injured at the doctor's office when she tripped on her own bag which she left on the office floor, then even if the doctor was also negligent by failing to diagnose the patient's condition at the same visit, the injury from the fall was not related to the negligence, and there would not be a medical malpractice case.

Medical malpractice cases are often complicated. Expert witnesses are often crucial in proving these cases because they will have to provide credible medical evidence of what happened or what went wrong.

If you have suffered as a result of wrongdoing on the part of a medical practitioner, you should consider reaching out to an attorney at Montlick & Associates in order to learn your legal rights as well as what steps are necessary to preserve those rights.

Put Our Law Firm's Over 38 Years of Legal Experience to Work For Your Case!

Do not delay in seeking legal assistance as you have a limited amount of time to pursue a claim. Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 38 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.


Montlick & Associates, Attorneys at Law

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Atlanta, GA 30329
Telephone: 1 (404) 529-6333
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Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.