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Georgia Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Georgia on
Q: Is this reason enough to sue for medical malpractice or medical negligence?

I was admitted to a hospital on Oct.15-Nov 2. During that time I had to have several blood draws in which I had blood drawn from the same place previously or and area of the vein that was close which has caused severe vein wall damage and the possibility of having to have a port surgically... Read more »

Kevin J. Kuhn
Kevin J. Kuhn answered on Nov 17, 2020

I am sorry to hear about your injuries. The answer to your question depends upon the applicable standard of care. If the hospital did not comply with the applicable standard of care, you may have a claim for negligence or medical malpractice. There are obviously many locations on the human body... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: CRPS 2 diagnosis after ORIF ankle surgery. No risks/complications explained &neglected by Dr. Ankle still broke; ignored

Never signed consent form, never told CRPS could happen, recent xrays show bone still broken (radiologist diagnosed), Dr. ignored my complaints of nerve pain, procrastinated w/referral, denied wrong doing in surgery, no post care(no weight bearing, ROM or instruction), patronized by the practice... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 31, 2020

See a medical malpractice attorney.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: 39y/o without my consent, a doctor put saline breast implants in me. Can I receive compensation for pain and suffering?

When I say without my consent, he told me there wasn't any way he could put implants in me. I was measured and marked for the augmentation, when I woke up from surgery, I couldn't breathe, he had put the implants in. I have irregular Heart rhythm (controlled by medication and not related... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Unfortunately, the issue you describe is far too old for legal redress.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Georgia on
Q: Can I sue for significant loss of bowel and bladder functions if I was never told about a bowel obstruction that rupture

During multiple attempts to get help for abdominal pain at an emergency room I underwent several emergency surgeries because of an infection in my abdomen at one point the same doctor said he reviewed all of my previous visits and told me I had a gynecological problems that would result in me... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. I'm not clear as to whether you have been trying to have local doctors look at your records for diagnostic and treatment purposes, or for evaluation of a potential med mal... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: How long does someone have to file a malpractice lawsuit

i was injured 5 years ago and the condition has gotten so much worst due to nothing being done

Michael W. Horst
Michael W. Horst answered on Aug 17, 2020

The answer to this question is complicated. Generally speaking, patients have two years from the date of injury or death to bring a lawsuit for medical malpractice. However, the two year "clock" does not start running on the date the medical treatment was received unless an injury was... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Is there an impact for plaintiff attorneys when a hospital discounts a patient's bill 100%?

A patient goes into the hospital for emergency surgery* and is discharged ~2 months later. The hospital discounts the 800K hospital bill 100%.

I understand the part about needed to contact a malpractice attorney in the area, but I'm actually looking for answers that explain the... Read more »

Michael W. Horst
Michael W. Horst answered on Jun 18, 2020

The short answer is no. It does not matter the hospital did with the bill.

To win a medical malpractice claim, the injured person must prove a professional health care provider's treatments departed from the standard of care met by those with similar training and experience.

Q: I need to talk to a lawyer about unlawful termination from Emory Johns Creek medical in 2019 over Getting terminated

Yeah they stated that I was abusing substances and diverting medications yet never could show me any kind of paperwork or proof and there’s tons of safeguards so I know that there’s not anything that they had against me one because I didn’t do it and two they reported me to the board of... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2020

At this point, you might be better off reaching out to attorneys to discuss your matter instead of waiting further for a reply. You're looking for an attorney and this isn't really a referral service; it's only a Q & A Board. You could use the tab above (Find-a-Lawyer for the... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: I paid for a service of bridge work & was only given a temporary due to the permanent wasn't comfortable. Not reimbursed

The dr has not reimbursed me for out of pocket cost and I still do not have my bridge

Tim Akpinar
Tim Akpinar answered on Feb 20, 2020

Unfortunately, this is not likely to be a case that a med mal attorney would handle. Med mal cases are costly to prosecute and they generally involve a scale of injury/damages that offsets the effort in litigating them. You could look into contacting Georgia attorneys who handle medical claim... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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1 Answer | Asked in Animal / Dog Law and Medical Malpractice for Georgia on
Q: A veterinary clinic caused a second degree burn to my dog due and I want to know how to pursue legal action.

My dog had a tooth extraction and the veterinary's lack of attention caused a second degree burn.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

This is an unfortunate circumstance. This is a civil matter and you would sue the veterinarian in court. It is best to contact an attorney as soon as possible, preserve evidence (records, pictures, etc.) and any additional vet bills you acquired after trying to help your dog.

We are glad...
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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for Georgia on
Q: Am I responsible for a medical bill they never billed my insurance

I received service at a ER in Florida 2017. I gave the hospital my insurance information, they billed my insurance and received payment. However, the ER doctor seems to work independent from the hospital and never billed my insurance. They claimed they sent Bills to me which I never received... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

It is not uncommon for ambulatory services to be billed separately from the hospital’s bill. It may be best to contact an attorney who specializes in collection services. You may be able to contact your insurance carrier for other options.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Medical Malpractice for Georgia on
Q: My mom has been complaining about leg pain for months (wasn't treated), now her leg is amputated. Medical malpractice?
Mitchell Feldman
Mitchell Feldman answered on Oct 31, 2019

Unfortunately no lawyer and I doubt any medical professional can conclude there has been negligence by any medical professional just based upon this fact. However it may be worth obtaining all records to see if all certain medical protocols that were followed along with any issue of misdiagnosis... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: What is my recourse?

Had spine operation .. Discharge info. given for rehab. was wrong. Patient portal info was never updated to show important information. No post ortho rehab. was setup for weeks, i had to push issue. I don't feel i healed properly considering their incompetence of post-op care. I'm... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2019

A Georgia attorney could answer your question best, but your post remains open for two weeks. I'm sorry for the frustration you endured following surgery. However, an attorney would likely need more information to make a meaningful assessment. The nature of the discharge information or patient... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: A nurse made inappropriate comments to me that offended me when asking how many children I have I told her 3 when asking

If any of my kids were c section babies I told her yes all 3 she laughed at me and made the comment that I cheated.

Tim Akpinar
Tim Akpinar answered on Oct 15, 2019

There wasn't a question here, but you posted in the Medical Malpractice category and the post remains open for two weeks. If you were wondering if the nurse's conduct creates the basis for a lawsuit, it's difficult to see it. You could check with a Georgia attorney whether they view... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Can a Dr treating me at the hospital tell my pain management Dr I failed a drug screening or is that covered by hippa
C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

Hello, Doctors involved in the treatment of care may share PHI, or protected health information with each other in order to provide the best quality of care to patients. Unless you signed a waiver of some sort physicians may share information regarding their patients to other physicians treating... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: My husband had major back surgery over 2 years ago, and his condition is much worse that prior health.

We had obamacare at the time of surgery, was then dropped, shortly after the surgery so he cannot goto doctor. The dr. Who did surgery was aware of this, and "super billed" the insurance company? Only three months aftercare was performed because of this insurance issue. He is disabled... Read more »

Tim Akpinar
Tim Akpinar answered on May 30, 2019

I do not practice in Georgia, but your question remains open for 4 weeks. Consult with a Georgia med mal attorney who could review the medical history and full surgical and post-op timeline in greater detail. I believe the statute of limitations in Georgia for med mal is two years from the... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: I have been looking for a medical malpractice attorney who would be willing to take my husband's case against the ER

He was not stable when released and I learned the doctor has had settlements before. I would like to know if there is anything I can do? He was released 6/9/15 and returned 6/10/15, got admitted, but has been disabled since then. My concern is that I know personally another person who he did the... Read more »

Robert J. Fleming
Robert J. Fleming answered on Mar 28, 2019

In Georgia, the statute of limitations for medical malpractice is two years from the date of the alleged malpractice. While there are very limited exceptions, this deadline is something that must be met or your right to sue is lost forever. It appears from you question that the statute of... Read more »

2 Answers | Asked in Medical Malpractice for Georgia on
Q: What is being asked of me?

The defense in a malpractice case responded that "plaintiff fails to state a claim upon which relief may be granted and, therefore the Complaint should be dismissed in its entirety." I have not yet submitted the exhibits/facts, only the affidavit from the expert witness. Is that what... Read more »

Mitchell Feldman
Mitchell Feldman answered on Mar 7, 2019

This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: How can I get justice when the statute of limitations has passed by?
Tim Akpinar
Tim Akpinar answered on Mar 2, 2019

As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: 3 days ago my mother had an MRI and they put her in knowing she has a cochlear implant. She is now in much pain and..

The implanted part is now visible as pushing through her skull. They are quickly ordering a cat scan but my question is about recourse. Thank you.

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Contact a member of the Ga. Trial Lawyers Assn --they give free consults. Don't mention to her ENT that you are doing this--it'll make people worried that they will be involved. She needs to follow up with her ENT ASAP

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