MEDICAL MALPRACTICE Occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. The negligence can include errors in diagnosis, treatment, or illness management. If these happen and the pacient gets injured, a law suit for the malpractice could arise against the following:- The doctor, if his actions were deviated form generally accepted standards of practice;
- The hospital for inappropriate care or poor training, such as problems with medications and sanitation;
- Local, state or federal agencies that operate the hospital facilities.
Medical Malpractice actions are exceptionally complicated to pursue. The insurance companies which handle the claims on behalf of the phyicians and other medical professionals are very aggressive in defending claims against the physicians and hospitals they insure. John M. King can provide you with the expertise and experience to successful fight your battle. He has accepted the first wrongful diagnosis medical malpractice case in the State of Georgia. Read true story here. WRONGFUL DEATH
A wrongful death lawsuit claims that the victim was killed as
a result of negligence (or other type of unjust action) on the part of the
person or entity being sued, and that the victim’s survivors are entitled to
monetary damages as a result of the improper conduct.
The Wrongful Death claim is different from a normal negligence lawsuit, which
is filed by the person injured for the resulting damages. Under the “Common
Law” (originated in England) - this type of claim did not exist based upon the
reasoning that the claim died with the victim. The surviving members of the
family then could not claim damages from the person who caused their relative’s
death. Over the years, states have passed wrongful death laws that provide
compensation for persons who may have been damaged from the death of the victim
as well as an incentive to act carefully and safely. Nowadays, all states have
some form of a wrongful death claim action in force.
A wrongful death claim generally consists of four elements:
- the
death was caused, in whole or part, by the conduct of the defendant;
- the
defendant was negligent or strictly liable for the victim’s death;
- there
is a surviving spouse, children, beneficiaries or dependents; and
- monetary
damages have resulted from the victim’s death.
If you believe you have a valid claim for the wrongful
death of a family member, you should consult us, so we can let you know what
can be done next. Please read the following case.