Medical malpractice is a leading cause of death in the United States, behind only cancer and heart disease, according to a Johns Hopkins study. Even more recently, the New England Journal of Medicine found nearly 1 in 4 patients who are admitted to hospitals in the US will experience harm from medical error. This negligence can be catastrophic for victims and their families, and these cases are often complex and emotionally challenging.
But how do you know if you have a potential case? Every firm is different in the types of clients they take on. For instance, at Bell Law Firm, we specialize in the most egregious, severe medical malpractice cases, which can include:
- Brain & Spinal Cord Injuries
- Surgical Error
- Misdiagnosis
- Birth Injury
- Medication Error
- Wrong-Site Surgery
- Stroke Mismanagement or Delayed Diagnosis
Here are a few questions Bell Law Firm may ask to help determine if you have a possible claim and if we’re potentially a good fit for your case.
- What Injury Resulted from Your Incident?
When a potential client contacts our team, the first questions we typically ask are, “Do you have permanent injuries?” or “How do your injuries impact your daily living?” For example, it’s important to note if your injury hinders your activities of daily living (ADLs) like eating, getting dressed, or bathing, where you can’t operate without assistance.
We can look at a recent client example. In 2023, Lloyd Bell and his co-counsel Laura Shamp tried and won a historic $75M medical malpractice verdict. The client suffered a brain stem stroke after a chiropractic adjustment, which was misdiagnosed by the ER doctor, leaving him with “locked-in” syndrome where he was cognitively aware but unable to move or speak, except for eye movement. This will be a life-long condition for that client and one that dramatically impacts his day-to-day.
- When Did the Injury Happen?
In addition to understanding your specific injuries, our team will ask about the timeline of events. We’ll specifically want to know when the malpractice or negligence took place. Georgia law sets a deadline for almost every type of personal injury lawsuit, giving victims of malpractice two years from the date of the injury to file a lawsuit.
There are certain exceptions to the Statute of Limitations that could also limit or extend that two-year period, which is an important reason to contact an experienced personal injury attorney to help you navigate the situation as quickly as possible. If you think you might have a potential case, time is of the essence.
- Was There a Violation of the Standard of Care?
Next, our team will determine if there was a medical standard of care violation. In a medical malpractice case, you have to prove your provider’s care violated or fell short of the standard of care. In other words, you must prove that your provider failed to do what reasonable healthcare providers generally do in the same situation.
For example, in another case Bell Law Firm filed, a client’s provider fell below the standard of care that’s expected when someone is experiencing a stroke. The negligence led to hemiparesis, which causes the inability to move one side of your body. In this case, the doctor failed to order adequate tests for someone with his specific symptoms and provide timely treatment options that could have prevented his severe, long-lasting condition.
Violating the standard of care can also look like a lack of communication between healthcare staff, misinterpreting labs, medication errors, failure to follow up and more.
Consult with a Personal Injury Attorney
Ultimately, the only sure way to determine if you have a potential medical malpractice case is to consult with an experienced personal injury attorney. It’s at the discretion of each attorney whether or not to take a specific case. It can feel intimidating to decide to take legal action, but it’s important to understand all your options so that you can make an informed decision for yourself or your loved ones.
At Bell Law Firm, our client comes first. When you come to us, you’re not just another case. If you or a loved one has experienced severe, life-altering injuries, we’re here to help discuss your options.
Contact us today for a free consultation.