When we seek medical care, we place our trust in the hands of healthcare professionals. However, medical errors and negligence can occur, resulting in devastating consequences for patients and their families. In such cases, medical malpractice lawsuits provide a legal avenue for seeking justice and compensation. This blog delves into the intricacies of medical malpractice as a personal injury case, exploring its key elements, challenges, and the importance of pursuing accountability.

Understanding Medical Malpractice

Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, surgeons, and other medical personnel, deviate from the standard of care expected in their field, leading to injury or harm to a patient. To establish a medical malpractice claim, several elements must be present:

  1. Duty of Care: The healthcare professional must have had a duty of care towards the patient, meaning there was a doctor-patient relationship.
  2. Breach of Duty: The healthcare professional must have failed to meet the accepted standard of care, deviating from what a reasonable and competent professional would have done in similar circumstances.
  3. Causation: The breach of duty must be directly linked to the patient's injury or harm suffered. Negligence must have been the proximate cause of the damages.
  4. Damages: The patient must have suffered significant harm, such as physical pain, emotional distress, disability, or financial losses, because of medical negligence.

Challenges in Medical Malpractice Cases

Medical malpractice cases are complex and challenging for several reasons:

  1. Expert Testimony: Establishing medical negligence often requires expert testimony from medical professionals who can provide opinions on the standard of care and the defendant's breach. This can make the legal process more intricate and costly.
  2. Legal Thresholds: Many jurisdictions have specific legal thresholds that need to be met before a medical malpractice lawsuit can proceed. This could include obtaining a certificate of merit or demonstrating a reasonable likelihood of success.
  3. Medical Records and Documentation: Gathering and understanding medical records, test results, and other relevant documentation is crucial in building a strong medical malpractice case. However, navigating through extensive medical jargon and records can be daunting without legal assistance.
  4. Jury Bias: Juries may possess a certain degree of inherent trust in medical professionals, making it challenging to overcome biases in favor of defendants. Educating jurors on complex medical concepts is crucial to ensure a fair trial.

Pursuing Accountability and Compensation

Medical malpractice cases serve not only to hold healthcare professionals accountable for their negligence but also to provide compensation for the victims. Compensation may cover medical expenses, lost wages, pain and suffering, and other damages. It is essential for victims to consult experienced personal injury attorneys specializing in medical malpractice to navigate the legal complexities and maximize their chances of securing a fair settlement or verdict.

Medical malpractice lawyers represent victims in pursuit of justice and accountability in situations where healthcare professionals' negligence causes harm. Understanding the elements of these cases empowers victims to seek redress and contributes to improved patient safety.

If you are in need of a personal injury lawyer in Macon for a medical malpractice case, please contact Noland Law.

Experience, expertise, and professionalism. Every case, every time.

lawyers in Macon

In addition to criminal law and business litigation, the lawyers in Macon at Noland Law Firm are also prepared to represent you and take on any civil litigation case you may need assistance with. You might need representation for a civil case regarding an insurance claim, a class action lawsuit, a personal injury/wrongful death case, or an appeal.

However, some clients are not sure which category their case falls under. Civil litigation occurs when there is a dispute between at least two parties, and one is looking for payment or action from the other. Your local lawyer in Macon at Noland Law Firm wants to assist you in any way possible with your case from beginning to end. Here we explain the types of cases that fall under civil litigation, which may be of help...

Insurance Claims

A case involving an insurance claim falls under civil litigation. Insurance claim cases arise when there is a dispute between insurance coverage. Noland Law Firm is experienced in representing both the insurer and the insured throughout the course of the insurance claim case.

Class Action

A class action lawsuit occurs when a large group of people are represented by an individual or a smaller group and are searching for compensation from another party. This usually happens when a group of customers or clients have the same type of issue with a single person, company, or facility. Some examples of a class action lawsuit include pharmaceutical fraud, sexual abuse, nursing home neglect, and human rights violations. For a class action lawyer in Macon, contact Noland Law Firm.

Personal Injury/Wrongful Death

A personal injury or wrongful death claim is filed when a person is injured or killed as the result of another party’s negligence. Car accidents, truck accidents, slip-and-fall, medical malpractice, defective products, and wrongful death cases are common issues that warrant the need for a personal injury lawyer in Macon. Some damages that a personal injury client is entitled to include medical bills, pain & suffering, loss of income & benefits, and funeral & burial expenses. A personal injury lawyer in Georgia will be able to help you navigate the state laws and statutes during a time where you may be injured or have lost a loved one. A lawyer in Macon like the Lawyers at Noland Law Firm are ready to take on your personal injury case.

Appeals

A court appeal can be filed if a client is unsatisfied with the initial trial court’s decision of a case. Whether or not a lawyer handled your initial case, your local Macon Lawyers, here at Noland Law Firm are prepared to file a court appeal on your behalf. If you are in search of a lawyer in Macon to appeal a court’s decision, contact the Macon attorneys at Noland Law Firm.

In representing both plaintiffs and defendants, we believe that all parties deserve the best possible representation, and we strive to provide it. This separates us from firms that serve the cause of special interests on one side or the other. We serve our clients no matter who they may be. We are “client-centered” rather than “cause-centered.” We are confident that our clients benefit from this balanced approach. For excellent representation during any civil litigation matter, the lawyers in Macon at Noland Law Firm are the ones you can trust.

For your free consultation contact us today.

Noland Law Firm in Macon, GA is home to a small team of business law experts. Business litigation lawyers provide business owners peace of mind when it comes to handling and resolving conflict that comes along with starting, owning, and/or running a business. The lawyer in Macon at Noland Law Firm provides the expertise to resolve business litigation disputes.

Attorney William Noland & Attorney Grace Simms-Martin

When it comes to business litigation, there are countless scenarios that may warrant the need to hire a business lawyer. Here are some examples:

Starting a Business

Starting a business can be an exciting feat. However, when it comes to local and state compliance, the laws in your state might be difficult to understand. If you are in the beginning stages of starting a business, you should contact your local lawyers for help in order to make sure your business is compliant with state and local laws. Noland Law Firm can explain the laws in Georgia and help you find answers to owning and running your business with ease.

Internal Conflicts

Internal conflict is when disputes arise within the business. Conflicts between employees, or owners and employees, are internal conflicts when it comes to business litigation disputes. An example of an internal conflict would be if an employee is unhappy or breaches their employment contract. A lawyer in Macon at Noland Law Firm can help you resolve these conflicts through mediation or litigation.

External Conflicts

An external conflict is a dispute between a member of the business and his/her client or customer. A common example of external conflict for a business owner is a dispute between a landlord and a tenant. This could be due to issues with the property, rent payments, leases, or other more specific issues. Any time a contract is involved, a business lawyer can help you navigate the unfamiliar terrain of business law and litigation. The lawyer in Macon at Noland Law Firm, William Noland is more than happy to look at handling your business case.  

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If you are searching for a lawyer in Macon, the lawyers at Noland Law Firm have you covered for all things business related. Whether you are starting a business, and need to handle internal disputes or have external conflicts, the lawyers in Macon have the knowledge and expertise to handle your case for you.

William H. Noland is an experienced litigator and trial lawyer, having tried dozens of cases to verdict in both state and federal courts and argued appeals in the Georgia Court of Appeals, Georgia Supreme Court, and Eleventh Circuit Court of Appeals. Hire a business lawyer from Noland Law Firm to relieve the stress of business law and litigation and to represent your business in a professional manner!

Need help with any aspects of Business Litigation? We can help by offering you a free consultation.

Call us today at 478-621-4980 to set up an initial consultation at our Macon, Georgia, office, or contact us online.

If you were to believe what you see on social media or the television, you might think that a slip-and-fall is really just a humorous incident and not a dangerous experience. However, slip-and-falls are one of the more serious ways that people get hurt in public places. 

Slipping on a wet spot on the floor could mean that you get seriously hurt, possibly requiring hospitalization. People could break bones or suffer a soft tissue injury when they slip and fall, but the risk is also there for them to suffer a life-altering injury. 

What is the worst injury commonly associated with slip-and-fall incidents? 

Someone who falls could easily hurt their head

The more quickly someone falls after they slip, the greater their risk for a severe injury. If someone cannot slow their momentum on their way down, they might strike their head on the floor, causing bleeding or swelling of the brain. Falls are among the top causes of traumatic brain injuries (TBIs), and you don’t have to fall from a significant elevation to hurt your head and damage your brain. 

A minor brain injury could cause headaches, nausea and sleep disruption. Moderate brain injuries could cause personality changes, and severe brain injuries might even affect motor function, respiration and other necessary bodily functions. A TBI could result in thousands of dollars of medical care in addition to having permanent consequences for someone earning potential. 

Reporting a slip-and-fall when it happens will make it easier for someone with serious injuries to bring a claim later for the compensation that they deserve.

Deciding to send someone you love to a nursing home for long-term or around-the-clock care can be a difficult decision. You want them to go somewhere they’ll receive the best possible care, and you need to know that they’re not going to be a victim of violence or malpractice.

Unfortunately, many elderly people do become victims in nursing homes. Whether they’re assaulted, taken advantage of financially or verbally abused, there is no excuse for the wrongdoing that leads to their injuries or deaths.

As a concerned relative, it’s important for you to stay informed. Knowing the red flags of nursing home abuse may help you stop abuse and help your loved one get out of a dangerous or upsetting situation.

3 signs of nursing home abuse

There are many signs of nursing home abuse, but three you should know about include the following.

  1. Dehydration or malnutrition

When the elderly get older, they tend to take many medications that could affect how they eat. They might have a health condition that affects their ability to swallow or drink, too. It’s important for you to look for signs of dehydration or malnutrition and discuss your concerns with the nursing home staff. If you suspect an emergency, call 911.

  1. Bruising, cuts or major injuries

If your loved one has started to suffer from multiple bruises or cuts, broken bones or other issues, it’s time to step in. The nursing home should know if your loved one is a fall risk. If they are falling or have been victimized by another resident or staff member, they deserve support and may have a legal case.

  1. Bedsores

Bedsores are a major sign of negligence. Bedsores develop when there is too much pressure on one area of the body for too long. Bedsores can lead to open ulcers, sepsis and death in acute cases. If your loved one has a bedsore, it’s time to take action and address why they’re not getting regular support to help with movement or mobility issues.

These are three signs of nursing home abuse or neglect. If you’re concerned and suspect an emergency, call 911. You can also start taking photos and keeping records of negative interactions, accidents and injuries. Doing this will help you build a better case against the nursing home.

Medical malpractice can happen for many different reasons, and it typically stems from the negligence of the medical team and their failure to provide you with proper care.

If it does occur, it can lead to serious injuries, and some medical malpractice incidents are even fatal. It’s important to know what next steps to take if this has happened to you or someone you love.

Seeking medical attention

First and foremost, if you believe you’ve been seriously injured, you may need extra medical attention. Do not put this off. Nothing is more important than getting the care that you need at this time.

Taking notes

Next, you want to create some documentation for your case. Write out the procedure you were supposed to have, for instance, and any details that you can remember. Make notes of the complications that have arisen and/or the reasons that you believe malpractice occurred, such as your symptoms.

Compiling your records

During this process of gathering evidence, it’s also a good idea to get your hands on your own medical records. This can help to show what your condition was like before, which can be contrasted with what it’s like now, and it also shows the need for the initial medical care that you got.

Getting a second opinion

A second opinion from a medical professional can also be beneficial. They can tell you if the symptoms that you’re experiencing may be evidence of malpractice and they may be able to act as a witness during your case to show what type of care you should have gotten.

Exploring your legal options

Finally, with everything in place, it’s time to look into the legal steps that are necessary. You may deserve significant financial compensation if you have suffered from medical malpractice, and you need to know how to seek that compensation.

Nursing home negligence is different than abuse. Although the staff may not take any deliberate action to cause harm to your loved one, they may neglect to do the things that they are supposed to do to keep them safe and healthy.

Neglect often goes overlooked, so it’s important for family members to know what signs to watch for. If you see them, you may be able to put an end to the neglect and consider all of your options if your loved one has suffered serious injury. Below are five potential signs.

Severe dehydration

When dehydration gets bad enough, the person can have cognitive issues and trouble with mobility. They may talk about being dizzy, having a constant headache or not sleeping well.

Malnutrition and weight loss

The main key to look for with malnutrition is extreme and rapid weight loss. One rule of thumb is to look out for a loss of more than 5% of your loved one’s total body weight. In other words, if they weighed 200 pounds and they suddenly lost 10 pounds for no reason, you have to wonder if they’re eating well.

Lack of personal hygiene

Neglect often leads to personal hygiene issues. Elderly individuals may need help taking showers or using the restroom. If they’re not given this assistance, it becomes clear that their disheveled state is more than just aging.

The development of bedsores

Bedsores, or pressure sores, happen when a person who cannot move on their own stays in the same position for too long. Even if that position seems comfortable, such as lying in a bed, these dangerous sores develop. This could mean that the staff has been neglecting your loved one by not helping them move and change positions.

Slip-and-fall accidents

Similarly, a person with mobility issues may need help getting to the dining area, getting back to the room, climbing in and out of bed and doing all sorts of other daily tasks. If they suffered from a slip and fall accident because no one would assist them, that may also be a sign of neglect.

What can you do?

It’s certainly distressing to see your loved one being treated this way, but remember that you do have options. Be sure you know what steps to take.

If you were to believe what you see on social media or the television, you might think that a slip-and-fall is really just a humorous incident and not a dangerous experience. However, slip-and-falls are one of the more serious ways that people get hurt in public places. 

Slipping on a wet spot on the floor could mean that you get seriously hurt, possibly requiring hospitalization. People could break bones or suffer a soft tissue injury when they slip and fall, but the risk is also there for them to suffer a life-altering injury. 

What is the worst injury commonly associated with slip-and-fall incidents? 

Someone who falls could easily hurt their head

The more quickly someone falls after they slip, the greater their risk for a severe injury. If someone cannot slow their momentum on their way down, they might strike their head on the floor, causing bleeding or swelling of the brain. Falls are among the top causes of traumatic brain injuries (TBIs), and you don’t have to fall from a significant elevation to hurt your head and damage your brain. 

A minor brain injury could cause headaches, nausea and sleep disruption. Moderate brain injuries could cause personality changes, and severe brain injuries might even affect motor function, respiration and other necessary bodily functions. A TBI could result in thousands of dollars of medical care in addition to having permanent consequences for someone earning potential. 

Reporting a slip-and-fall when it happens will make it easier for someone with serious injuries to bring a claim later for the compensation that they deserve.

A lot could go wrong if you are driving in bad weather. The chances of an accident are drastically increased in extreme conditions, and sometimes, even a vehicle’s safety features like anti-lock brake systems could be rendered useless.

It is important to be on high alert if you find yourself on the road in poor weather. This is due to the increased risk of crashing into other motorists and the hazards brought about by the weather conditions. Here are the two leading causes of such accidents.

Poor visibility

This is perhaps the biggest cause of road accidents involving poor weather. Extreme conditions such as fog or heavy snow may reduce your visibility to just a few feet. It means that you will not have enough reaction time should you need to maneuver out of danger’s way.

In addition, bad weather can hide road hazards such as open utility holes. When, for instance, floods cover the road on which you are driving, you can’t tell what lies beneath the surface.

Skidding or lack of traction

Studies have shown that precipitation poses a significant risk to drivers. Among the main risks associated with wet road surfaces are skidding or lack of traction. Driving on icy roads is one such instance where you may lose traction and eventual control of the vehicle.

In the world of insurance, accidents caused by weather conditions known as “Acts of God” are generally not covered in your standard policy. However, it is still essential to look out for your legal rights if you were involved in such an accident.

Depending on the circumstances, the weather may be partly to blame for a crash caused by another negligent motorist. You could be due for compensation if you suffer injuries in such a case.

Have you been injured in a car or workplace accident? Accidents happen. It’s a simple fact of life.  Everyone, even the most cautious people out there, will be involved in an accident at some point.

But what happens when the accident wasn’t your fault? If so, you may be wondering if you have a case. If this has happened to you, then you may have grounds for a personal injury claim.

Important questions to ask yourself

It is a good idea to educate yourself on Georgia’s accident and injury laws. In addition, here are some important questions to ask yourself before making decisions:

  1. Liability: Did the injury happen because of someone else’s negligence or carelessness? Have you been injured by an accident or incident that was not your fault and is related to a product, service or premises defect?
  2. Damages other than physical: Did the injury cause you financial damages, such as lost wages, medical bills, property damage etc?
  3. Injury or death: Are you unable to handle your normal day-to-day activities, such as work or hobbies that make you happy? Was your injury severe enough to require medical attention or result in a disability or disfigurement that will last for more than six months and is not likely to improve without treatment?

Accidents happen. Understandably, this can be frustrating and upsetting. That’s why it is imperative to keep a positive outlook and never lose sight of the big picture.

If you or a loved one has been injured in an accident that wasn’t your fault, it is important to learn about your legal options and what your best course of action may be.

The most crucial thing for personal injury victims to remember is that time counts in these cases. It is important to act as soon as possible, so the investigation of your case can start with gathering evidence while your memories are fresh. This allows time to build the strongest argument possible on your behalf to seek compensation for damages caused by someone else’s negligence.

For your free consultation connect with one of our legal team today Call 478-621-4980
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