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Key elements of a malpractice case involving surgical error

People trust physicians to aid them in either maintaining or regaining their health. When physicians are negligent in the services they provide and end up hurting their patients, medical malpractice claims can aid the patients and their loved ones in seeking reparations.

In the case of surgical error, it is important to understand the claim process in order to create a successful claim. There are a few key elements of a medical malpractice case to be aware of.

Definition

When a surgeon is completing a surgery and makes an error that further complicates the initial reason for treatment, or causes additional damage, the surgeon is guilty of surgical error. This can happen countless ways. Unfortunately, surgeons may be able to cover their tracks at first. However, if patients or their loved ones discover the error down the road, they may still file a claim.

Regulations

Though there are instances where the surgeon makes a mistake, there are also times when certain medical issues are unavoidable. In such cases, a malpractice claim will not stand. Therefore, it is important to understand Georgia's negligence laws, which regulate what counts as negligence and how the court will handle it.

Proving process

In order to prove a medical malpractice case, there are a few assertions that the claimant must show. These can be thought of as three points:

  1. There was a physician-patient relationship in place.
  2. During treatment, the physician was negligent.
  3. The negligent act during treatment led to harm.

The right evidence is essential to proving these points. This may include any medical records or scans, pictures, videos or eyewitness testimony. In those instances when it may be difficult to secure such information, a knowledgeable attorney can be helpful to both secure and present the evidence. 

These are a few of the elements in a malpractice case, but there are additional facts to consider. Someone who is thinking of filing a claim should take some time to truly learn the law and the claim process.

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