Medical malpractice cases in Georgia are complex and highly technical. They require the support of superior experts practicing in the specialty of the medical field involved. There are specific rules regarding the statute of limitations depending on the type of case (e.g. foreign object/failure to diagnose/minors). There are different standards of evidence and burdens of proof depending on the type of case. The plaintiff has the burden to prove a “deviation” from the standard of medical care by the medical provider, which can be a nurse, doctor or hospital. Often there are questions regarding employment or agency, and technical legal issues related to government-affiliated hospitals such as the Veterans Administration, as well as issues of liability involving consulting physicians and nurses working at a hospital for an independent group. There is also a requirement that an affidavit be filed with the complaint, signed by a qualified practitioner, supporting the allegations of professional negligence. These cases are expensive and must be handled by an experienced attorney. At Cathey & Strain we have the medical records reviewed preliminarily by the highest caliber physicians or nurses in the specialty at issue, and meet with the client to decide on the best strategy.
Our law firm has recovered six, seven and eight figure sums in verdicts and settlements in diverse medical malpractice cases including the following:
- Brain damaged baby due to birth trauma resulting in cerebral palsy; doctor and hospital failed to recognize fetal distress and deliver baby by emergency C-section.
- Wrongful death of a husband/father after routine appendectomy where the doctor and nurses failed to diagnose and treat post-surgical bleeding, resulting in shock and death.
- Numerous “V-bac” cases (vaginal birth after Cesarean section). Failure to recognize fetal distress and allow mother to continue with vaginal birth without performing emergency C-section, resulting in catastrophic brain damage/cerebral palsy.
- Improper intubation of a trauma patient by EMS crew where breathing tube was inserted into esophagus instead of airway at the scene of accident resulting in death.
- Failure to diagnose unequivocal signs of cervical cancer and report to the patient resulting in death of young mother in North Carolina.
- Failure to remove chemotherapy port-a-cath which was left in patient for several years and migrated to her heart resulting in significant heart damage.
- Over prescription of a combination of anti-nausea/pain medication for a young mother who had come to the emergency room for the flu resulting in coma and death.