FAQs
About Medical Mistakes
Q: What types of medical mistake cases does your firm handle?
A: Huddleston Law Firm helps people throughout the southeastern United States harmed by the preventable mistakes of health care providers, including hospitals, nursing homes, physicians, psychiatrists, chiropractors, nurses, psychologists, and therapists.
The mistakes fall into a number of categories, including the failure to diagnose and treat, errors in the prescription and administration of medication, surgical errors, labor and delivery errors, and hospital and nursing home neglect and abuse.
If you believe that you or a loved one is a victim of a medical mistake, we would be happy to discuss your case with you. Please contact Huddleston Law Firm or another attorney qualified to handle your claim. There are statutes of limitation that may bar your claim and any recovery if you do not act quickly.
For important information about your claim and our disclaimer, click here.
Q: How do I know if I have been the victim of a medical mistake?
A: Whether or not an injury or death is the result of a medical mistake is a complex determination that typically can only be made by an attorney in consultation with one or more medical experts. In fact, many states require an expert affidavit identifying at least one act of medical malpractice to be submitted when the action is filed or shortly thereafter.
Huddleston Law Firm will conduct an initial legal and medical review before bringing any claim. We work closely with reputable experts around the country to review potential claims and ensure that the claim has merit. After the review, we discuss the results with our clients. This process helps our clients understand the strengths and weaknesses of their cases and make informed decisions about whether they should proceed with litigation.
For important information about your claim and our disclaimer, click here.
Q: Is there a time limit for bringing my claim?
A: Yes. Statutes of limitation require you to initiate legal action within a specific period of time. Statutes of limitations often vary depending on the state and the type of claim involved. Georgia has a two-year statute of limitation that applies to most personal injury claims, including most medical malpractice claims. There are, however, exceptions to this general rule. For instance, the statute of limitations for foreign objects left within patients in Georgia is only one year from the date the patient discovered or should have discovered the object.
If you believe that you have a claim, it is important that you promptly contact an attorney to determine what statutes of limitation applies to your particular claim based upon the facts involved in your individual case.
For important information about your claim and our disclaimer, click here.
Q: What does it take to establish medical malpractice?
A: In most states, a medical malpractice plaintiff must satisfy at least two elements to prevail in a court of law: First, a medical malpractice plaintiff must prove that the care provided by a physician or health care worker was less than what could be expected from a reasonably competent doctor under the same or similar circumstances. This is commonly referred to as the standard of care. A plaintiff in a medical malpractice action will need to present expert testimony to establish that the defendant departed from the applicable standard of care, an issue that a jury ultimately decides.
Secondly, a medical malpractice plaintiff must prove that the defendants departure from the standard of care, or mistake, caused the harm or poor outcome at issue. Therefore, the plaintiff must prove that there is a connection between the harm and the defendants misconduct or mistake. This is referred to as causation.
Causation is often a fiercely contested issue in medical mistake cases. Defendants often claim, for example, that the harm to the patient is attributable to something other than the doctors mistake, such as old age, a genetic condition, or the victims own actions or omissions. Like the standard of care, causation is established through expert testimony and ultimately decided by a jury.
For important information about your claim and our disclaimer, click here.
Q: What damages may I recover?
A: A person harmed by medical malpractice may recover for their injuries and all direct consequences of those injuries, including past, present, and future lost wages, pain and suffering, medical expenses, lost enjoyment of life, future diminished earning capacity, and other economic damages resulting from the injury or death.
Individuals who suffer catastrophic injuries may have special care and treatment needs that continue throughout their lifetime. The appropriate expert(s) can project the cost of such care over the life of the injured patient. The jury may award all or part of these costs of the life-care plan to the plaintiff as special damages.
No lawyer can tell you how much you will recover, if anything, in any legal action. Every case is different, having different circumstances and different facts. There are numerous risks involved in all litigation, including the risk of losing the case.
For important information about your claim and our disclaimer, click here.
Q: How long will this take to be resolved?
A: Medical malpractice cases are very complex and the process is a slow one. Generally it takes two to three years to resolve a claim from the date the complaint is filed, although it could take much longer depending on the individual circumstances and parties involved, the jurisdiction in which the case is filed, and nature of the claim.
It is rare for a healthcare provider to settle a malpractice claim early, even those involving obvious and egregious medical mistakes. Instead, insurance companies and the healthcare industry attempt to discourage victims by vigorously defending all lawsuits. Expect a well-financed, insurance defense law firm that specializes in defending medical malpractice claims and get ready for a long fight. Defendants in medical malpractice claims have virtually unlimited access to experts who are eager to assist their friends and colleagues.
For important information about your claim and our disclaimer, click here.
Q: What is the first step?
A: If you suspect that you or a loved one is the victim of medical malpractice, please contact Huddleston Law Firm or another attorney qualified to evaluate your case as soon as possible. We will schedule an initial consultation to discuss your case. In all medical malpractice cases, the victims medical records must be ordered from the health care provider. Our firm can obtain medical records on your behalf with a written authorization form. If necessary, our firm can also formally request that you be appointed as executor or administrator for the estate of a loved one in the appropriate probate court. You are entitled to copies of all of your medical records. If you prefer to obtain the records prior to your consultation, you should request from your health care provider each and every page of your medical and billing records, including but not limited to all records, progress notes, discharge summaries, physical examinations, operating reports, consultation requests and reports, scanning or imaging results, memos, letters. You should be aware that obtaining these records can be time consuming and difficult. Your record request will often be handled by independent record copying companies, not your doctor or hospital.
For important information about your claim and our disclaimer, click here.
Disclaimer: Nothing in this Web site is intended to serve as legal advice. You should not act or fail to act upon a claim based upon any information contained on this Web site.
Every case is different, having different circumstances and different facts. No lawyer can tell you how much you will recover, if anything, in any legal action. There are numerous risks involved in all litigation, including the risk of losing the case. What statute of limitation applies to your individual claim depends upon many factors, including the type of claim and the jurisdiction in which it should be filed.
If you believe you have a claim or have legal questions, you should consult with Huddleston Law Firm or another lawyer about your case immediately. No one at Huddleston Law Firm will take any action on your behalf until and unless you enter a written agreement for legal representation. Contacting the firm by phone, in person or by email does not establish or bind you to an agreement for legal representation by Huddleston Law Firm.