The act of medical malpractice can leave a lasting impact on your life or the life of your loved ones. A doctor’s mistake or negligence can be devastating. These mistakes can cause harm, further treatment, injury, or even death. To say the very least, medical malpractice should never be taken lightly. 

 

Some examples of medical mistakes can include:

 

  • Failure to diagnose

  • Misdiagnosis

  • Failure to recognize symptoms

  • Incorrect prescribed medications or dosages 

  • Early hospital discharge

  • Unnecessary surgery

  • Surgery on the wrong limb or wrong side of the body 

  • Mistake during surgery 

 

These examples are just some of the instances that could necessitate a malpractice case. It’s best to consult with a legal professional regarding your specific situation to determine whether you have a case for medical malpractice. 

 

According to the American Board of Professional Liability Attorneys, medical malpractice is when a doctor, hospital, or healthcare professional injures a patient. This could happen either through an active mistake or by failing to take action. 

 

When undertaking the medical malpractice case process, the plaintiff must prove four important elements to get compensation. This compensation could make an enormous difference to the patient by paying for medical expenses, covering lost wages, and making up for loss of companionship or consortium. According to Chegg, these four elements are commonly known as The Four Ds:

 

  • Dereliction

  • Duty 

  • Damage

  • Direct Cause 

 

The process of filing a medical malpractice claim can come with its own challenges. The surviving victim usually must deal with painful recovery, time off of work, and lasting repercussions on familial relationships. Furthermore, if the victim does not survive a medical mistake or negligence, then the process becomes a burden for family members. 

 

This is why you should always consult with a legal professional on these types of cases regarding a medical error. At Castan & Lecca, we can shoulder the burden of communicating with hospitals, lawyers, and insurance companies. We can provide gentle guidance and expertise during this difficult time. We offer free consultations, so give us a call today if you need assistance with your medical malpractice case.  

Your Doctor Has a Legal Duty 

In these malpractice cases, the doctor or health care professional has the legal and moral duty to provide treatment to the patient. According to The United States National Library of Medicine, this existence of duty should have been known to the doctor as a result of their expertise. 

 

In cases such as these, the injured patient, or plaintiff, should be able to prove that the health care professional has a legal obligation to provide a certain type of care. This is considered the first legal element of medical malpractice cases. 

 

This legal element stems from the idea that in our society, each person holds a responsibility of reasonable care to one another. In a healthcare context, the medical care provider has an obligation. If a relationship is established between the defendant and the victim as a provider and a patient, then it can be easy to prove this legal duty. An established relationship could include:

 

  • A doctor covering patients for a colleague 

  • A doctor providing emergency aid following a traffic accident 

  • Working in a clinic and giving care to the poor or needy 

 

There are legal exceptions to these examples, and liability toward the attending physician could be limited. This is why you should rely on a legal professional to guide you through the unique aspects of your specific situation. 

Your Doctor Fails to Adhere to Professional Standards 

The next crucial element that a plaintiff must prove in a medical malpractice case is that the attending health care professional failed to adhere to professional standards. Each health care provider has an established duty to give treatment according to whatever the local standards are for that specific area. This includes doctors, hospitals, nurses, and other personnel. 

 

The way different areas define “standard of care” can vary. This can sometimes be hard to prove in certain situations. Many times, medical malpractice attorneys can enlist the help of an expert witness who would provide testimony to back up the case. 

 

Sometimes the mistake is so obvious — like an operation on the wrong side of the body or the wrong limb — that standard of care is then easy to prove. Therefore, a dereliction of duty and the agreed-upon standard of care is present. 

 

Medical professionals have a certain standard of care that they must follow. So, if the plaintiff proves that negligent acts or active mistakes occurred during treatment, then that is considered a powerful part of their case. 

Your Doctor’s Breach of Duty Causes Your Injury 

A crucial element in any medical malpractice is the causal connection between breach of duty and injury. Without that link between the medical professional and the injury, the plaintiff might not have a case. The plaintiff (and their attorneys) must prove that the healthcare professional’s mistake or negligence directly caused the injury. This is formally known as proximate causation. 

 

The patient must prove the connection, or direct relationship, by showing evidence. In these cases, evidence could include documentation and medical records. It could include a list of when the medical professional visited with the patient or the official notes about the visits. 

 

For instance, if you require medication for a formally diagnosed illness, and there is proof that the provider prescribes the wrong medication, then there is a probable chance that you can prove the causal relationship between the two events. 

 

Furthermore, if you have surgery, and the surgeon fails to notice something or makes a mistake which results in your injury, then there is a cause between the two elements. Medical malpractice cases can be complex and hard to understand at times, which is why you should seek legal advice for your own situation. 

You are Entitled to Damages as a Result of Your Injury 

 

As a result of the medical professional directly causing the patient’s injury, that patient is then entitled to damages to make the situation right. While no amount of money could ever make up for the most serious of mistakes, compensation can help pay for further treatments and bills. 

 

There still could be obstacles during this time. Every healthcare professional is largely protected by professional liability insurance. This means that if you choose to pursue a medical malpractice case, you may have to contend with insurance companies. 

 

Dealing with the aftermath of an injury is hard enough, especially when it could change your life forever. It’s best to leave the hassle of insurance companies and negotiations to professionals who have decades of experience behind them. 

Hiring Medical Malpractice Attorneys 

Experiencing a mistake at the hands of a trusted healthcare professional can be a terrible reality. And on top of the physical pain, the emotional suffering, and the burden on family, medical malpractice lawsuits can be stressful. Your top priority should be rest and recovery from your injuries. 

 

You never want to deal with hour long phone calls with insurers or constructing emails to hospital administrators. That’s when the help of an experienced team of legal professionals can assist you. 

 

By hiring a personal injury firm, you’ll have a team who can dedicate the time to gathering documentation and evidence, retaining expert witnesses, engaging in research, and communicating with all parties involved. With the help of professionals, your case will be resolved in a timely manner, maximizing your compensation. 

 

At Castan & Lecca, we understand the nature of medical malpractice law. With over 25 years of legal experience, we know how insurance companies work to prevent payouts. It’s best to not represent yourself alone against these insurers. 


You should retain a knowledgeable team of legal professionals who can get you the justice you deserve. Call us today for a free consultation of your case.

(864)761-4141

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish

KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund

ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.