A medical negligence attorney in Atlanta reviewing records for proving medical malpractice in Georgia.

Proving Medical Malpractice in 2026

When we walk into a hospital or a doctor’s office, we are at our most vulnerable. We place our health, and often our very lives, in the hands of professionals who have sworn an oath to do no harm. When that trust is shattered by a careless mistake or a failure to follow basic medical protocols, the physical and emotional fallout can be devastating. At Castan, Lecca & Boeschen, we have spent over 30 years fighting for individuals who have been silenced by large healthcare systems. As we navigate the complex legal environment of 2026, the path to obtaining justice for medical negligence has become more technical and demanding than ever before.

The year 2026 has seen significant shifts in how Georgia courts handle personal injury and malpractice claims. With the full implementation of the 2025 tort reform packages, specifically Senate Bills 68 and 69, the rules regarding how we present evidence of medical expenses and how we argue for pain and suffering have changed. Proving medical malpractice is no longer just about showing a bad outcome. It requires a meticulous, high level legal strategy that accounts for new limitations on damages and stricter procedural hurdles. This guide is designed to help you understand what it truly takes to hold a healthcare provider accountable in the current era.

The Higher Bar: Understanding the Standard of Care

In 2026, the core of any malpractice case remains the “standard of care.” This is a legal term that refers to the level of care and skill that a reasonably competent healthcare professional in the same specialty would have provided under similar circumstances. To win a case, it is not enough to show that the surgery was unsuccessful or that you did not get better. We must prove that the doctor or nurse deviated from what their peers consider acceptable practice.

The challenge in 2026 is that the medical industry has become increasingly automated. We often see hospitals trying to hide behind “algorithmic medicine” or “protocol software” to justify errors. However, at our firm, we know that technology does not replace professional judgment. Whether it is a misdiagnosis in an Atlanta emergency room or a surgical error in a Norcross outpatient center, our job is to strip away the corporate excuses and show exactly where the human error occurred. We look for the moment where a doctor chose convenience over your safety, or where a hospital’s understaffing led to a fatal delay in treatment.

The Four Pillars of a Successful Claim

To successfully prove medical malpractice in Georgia, your legal team must establish four distinct elements. If even one of these pillars is missing, the court will likely dismiss the case before it ever reaches a jury.

First, we must prove the existence of a doctor,patient relationship. this establishes that the provider owed you a professional duty of care. Second, we must demonstrate a breach of that duty. This is where we prove that the provider failed to meet the standard of care. Third, we must show causation. This is often the most difficult part of a case in 2026. We must prove that the medical error, and not your underlying condition, was the direct cause of your injury. Finally, we must prove damages. This includes the physical, financial, and emotional toll the error has taken on your life.

Recent changes in Georgia law have added layers of complexity to the “damages” pillar. Under the 2025 reforms, we are now limited in how we present “phantom damages.” This means the jury now sees the difference between what a hospital billed and what was actually paid by insurance. This change was designed to lower settlement amounts, but our experienced attorneys know how to emphasize the real, human cost that numbers on a ledger cannot capture.

The Mandatory Gatekeeper: The Expert Affidavit

One of the most rigid requirements in Georgia law, which remains a cornerstone of litigation in 2026, is the Expert Affidavit (O.C.G.A. § 9,11,9.1). Unlike a standard car accident case, you cannot simply file a medical malpractice lawsuit and figure out the details later. At the very moment the lawsuit is filed, we must include a sworn statement from a qualified medical expert.

This expert must be someone who practices or teaches in the same field as the defendant and has done so for at least three of the last five years. The affidavit must specifically identify at least one negligent act or omission and provide a factual basis for that claim. In the current 2026 landscape, defense attorneys are more aggressive than ever in challenging the qualifications of these experts. They will look for any technicality to have the affidavit thrown out, which effectively ends the case. This is why Castan, Lecca & Boeschen works with a national network of top tier medical professionals. We ensure that our experts are not only highly qualified but also prepared to withstand the intense scrutiny of a courtroom.

Deadlines and the 2026 Backlog

Timing is everything in a malpractice case. In Georgia, you generally have two years from the date of the injury or death to file a claim. However, we also have what is known as the “Statute of Repose,” which creates an absolute five year cutoff from the date the negligence occurred, regardless of when you discovered it.

The reality of 2026 is that the courts are still dealing with administrative backlogs. Furthermore, the new 2025 laws allow defendants to request a “stay of discovery” the moment they file a motion to dismiss. This can freeze your case for months, preventing us from getting the records and depositions we need. By contacting us early, you give us the time needed to investigate and file your case before these procedural traps can be used against you. Waiting even a few months can make the difference between a successful recovery and being legally barred from ever seeking justice.

The Human Element: Why Bilingual Representation Matters

Medical malpractice is deeply personal. It involves your body, your privacy, and your future. For the Latino community in Georgia, these cases often carry an extra layer of difficulty due to language barriers and a lack of culturally sensitive care in some medical facilities. At Castan, Lecca & Boeschen, we take pride in being a bridge for our community.

We understand that when a doctor fails to provide a Spanish interpreter or ignores the concerns of a patient who doesn’t speak fluent English, it can lead to catastrophic medical errors. In 2026, we are seeing more cases where “translation software” in hospitals has failed, leading to incorrect dosages or misunderstood symptoms. Our bilingual team ensures that your voice is heard and that your story is told with the dignity it deserves. We don’t just translate words: we translate the pain and the injustice you have suffered into a legal argument that a Georgia jury can understand.

Holding Systems Accountable

Most medical malpractice in 2026 is the result of systemic failures. Large healthcare corporations often prioritize profit margins over patient ratios. When a nurse is forced to manage too many patients at once, or when a hospital fails to maintain its equipment, they are the ones who should be held responsible.

Our firm has the resources to take on these massive institutions. We conduct deep dives into hospital protocols, staffing records, and internal communications. We look for patterns of negligence that suggest your injury was not an isolated incident but an inevitable result of a flawed system. By holding these systems accountable, we not only secure compensation for you but also force changes that protect future patients in our community.

Choosing Your Advocates

If you or a loved one has been injured by medical negligence, you are likely facing a mountain of new medical bills and a long road to recovery. You may be unable to work, and the stress on your family can be overwhelming. Do not try to fight the insurance companies alone. They have teams of lawyers whose only job is to ensure you receive as little as possible.

At Castan, Lecca & Boeschen, we offer more than just legal advice: we offer a partnership. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Our 30 years of experience in the Georgia legal system gives us the insight needed to navigate the challenges of 2026 and deliver the superior results our clients expect. Call us today for a free, confidential consultation. Let us help you take the first step toward the justice you deserve.

Bibliography and Verification

Part A (Internal Sources):

Our Team of Exceptional Attorneys: https://castanlecca.com/who-we-are/
Proving Medical Malpractice: https://castanlecca.com/blog/how-to-prove-medical-malpractice/
Personal Injury Rights and Strategy: https://castanlecca.com/personal-injury/
Commitment to the Atlanta Community: https://castanlecca.com/atlanta-has-changed/

Part B (Recent External Research):

Georgia General Assembly: SB 68 and SB 69 Tort Reform (2025): https://www.legis.ga.gov/legislation/all
O.C.G.A. § 9,11,9.1 – Expert Affidavit Requirements: https://law.justia.com/codes/georgia/2022/title-9/chapter-11/article-3/section-9-11-9-1/
O.C.G.A. § 9,3,71 – Statute of Limitations for Malpractice: https://law.justia.com/codes/georgia/2022/title-9/chapter-3/article-4/section-9-3-71/
Medical Liability Monitor (2026 Premium Analysis): https://medicalliabilitymonitor.com/news/

American Medical Association: Impact of Lifting Damage Caps (2025): https://www.ama-assn.org/practice-management/sustainability/noneconomic-damage-caps-lifted-medical-liability-rates-jump

Distracted pedestrian walking in a pedestrian crosswalk

Distracted Walking: A Risk for Pedestrian Safety

Atlanta, a vibrant city full of life, faces a growing challenge on its streets: the increase in accidents at pedestrian crossings caused by distractions. In this blog you will be able to learn about the seriousness of this problem, what to do if you find yourself in this situation, pedestrian safety tips, and how Castan, Lecca & Boeschen can help you.

Technological advances, although they offer countless benefits, also present new risks on public roads. The use of mobile devices while walking has significantly contributed to the increase in pedestrian accidents in urban areas such as Atlanta.

What is the situation in Atlanta?

In Atlanta, pedestrian accidents are on the rise, and Distracted driving plays a significant role in this problem. Local organization Propel ATL notes that although pedestrians and cyclists account for less than 2% of all accidents, they make up more than 12% of fatal and serious injury accidents. Since 2011, pedestrian and cyclist deaths have increased 64% nationally, reaching an estimated 8,413 in 2022.

This trend is particularly alarming in Atlanta, where less than 10% of roads are responsible for 73% of fatal and serious injury crashes. Families affected by these tragedies are advocating for safer streets, highlighting the need to reduce speed limits and improve signage to protect pedestrians.

Additionally, the Atlanta metro area ranks as the eighth most dangerous place for pedestrians in the United States, according to Smart Growth America’s Dangerous by Design report. Pedestrian accident statistics notes that between 2003 and 2012, 1,564 pedestrians were killed in Georgia, with more than half of these deaths occurring in the Atlanta metropolitan area.

The Atlanta region stood out for its high pedestrian hazard index, calculated based on the percentage of residents who walk to work and the number of pedestrian deaths.

Nationally, the 2021 Governors Highway Safety Association (GHSA) report revealed that 7,485 pedestrians were hit and killed by distracted drivers, the highest number in four decades. This increase in pedestrian deaths reflects not only distracted driving behaviors but also the need to improve crosswalk safety and pedestrian visibility through better lighting, among other strategies.

The report also discusses how implementing a safe system approach, including engineering, public education, emergency response, and equitable enforcement, is essential to reducing accidents and saving lives.

Pedestrian accidents represent a risk to the physical integrity of individuals and have significant emotional and financial consequences for victims and their families.

Follow these tips to reduce the risk of accidents while walking:

Put away your cell phone: Use your phone only if necessary and always stop in a safe place to do so.
Cut down on headphones: If you like to listen to music or podcasts while you walk, consider removing one headphone to be more aware of traffic sounds and warnings from pedestrians and drivers around you.
Use crosswalks: Always look for designated crosswalks and follow traffic signs. Make eye contact with drivers to prevent accidents at pedestrian crossings, even if you have the right of way.
Avoid walking on busy streets: If possible, choose less busy and safer routes, even if this means taking a slightly longer path.
Improve your visibility: Wear light or reflective clothing if walking at night or in low visibility conditions, and carry a flashlight to make it easier for drivers to see you.

What to do after accidents at pedestrian crossings?

Seek medical attention immediately: Be sure to receive medical attention even if you do not appear to have serious injuries.
Report the accident: Notify local authorities about the accident so that it is officially recorded.
Document the scene: If possible, take photos of the accident scene, including any nearby traffic signs or traffic lights.
Avoid on-site negotiations: Do not enter into agreements or discussions with the other party involved without speaking to a lawyer.

For more information, check out our blog “When should I seek medical attention after a car accident?”

This is where the assistance of a pedestrian accident attorney is very important. At Castan, Lecca & Boeschen, we evaluate each case carefully, offering professional legal representation to ensure that your rights are respected and that you receive superior compensation for your injuries and losses.

Distracted driving and walking is a problem that requires attention and action. As pedestrians and community members, it is necessary to pay attention to your surroundings. If you have been the victim of a pedestrian accident in Atlanta, remember that you are not alone, we are here for you.

Proving Medical Malpractice: A Guide for Victims and Their Families.

Proving Medical Malpractice: A Guide for Victims and Their Families

The loss of a loved one is always devastating, but when this loss is the result of medical malpractice, the pain is accompanied by turbulent confusion and several questions. How could this happen? What steps should be followed now? In Georgia, our law firm Castan Lecca & Boeschen specializes in providing answers and solutions to those who have been affected by these tragic situations. Here’s how!

Every year, thousands of people fall victim to medical errors that could have been avoided. From misdiagnoses and surgical errors to failures in medication administration. How medical malpractice can manifest is varied and complex.

How to identify medical malpractice?

Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm or death to the patient, and identifying it involves understanding medical standards and how they were violated in your specific case.

So what is the crucial role of a specialized lawyer in these cases?

Seeking justice in medical malpractice cases is a complicated path full of legal challenges. This is where a medical malpractice attorney becomes your greatest ally. From initial case evaluation to representation in court, an experienced attorney can be the difference between fair compensation and helplessness.

How to prove medical negligence resulting in death?

Proving that a person died due to medical malpractice involves proving several key components in court.

It must be established that a doctor-patient relationship existed, which implies a duty on the part of the doctor toward the patient.
It must be shown that there was a violation of the expected standard of care; that is, the healthcare provider did not act with the competence and care that a reasonably skilled physician would have exercised under similar circumstances.
This negligence must be directly linked to the fatal outcome, showing that it was the direct cause of death and not another factor.

This process often requires testimony from medical experts who can analyze the care provided and establish how it deviated from accepted standards, leading to the tragic outcome. At Castan Lecca & Boeschen, we use a combination of meticulous research, expert resources, and more than 20 years of legal experience to build strong cases that demonstrate the connection between negligence and the loss suffered by our clients and their families.

What to do if you are a victim of medical negligence?

Document everything: Keep a detailed record of all treatments, conversations with doctors, and anything else related to your case.
Seek legal advice immediately: Time is of the essence in medical malpractice cases, and having an attorney’s guidance from the beginning can be decisive.
Prepare for a long process: Resolving these cases can take time, but patience is key to achieving a favorable outcome.

We understand the pain and frustration that comes with facing medical malpractice. Our team of expert attorneys is dedicated to fighting for victims’ rights and ensuring they receive the compensation they deserve. Through our experience, empathy, and dedication, we strive to make the legal process as least overwhelming as possible for our clients.

Facing a medical malpractice case is, without a doubt, one of the most difficult trials for any family. However, you don’t have to navigate this process alone.

Call us at 678 825 3611 to support you every step of the way. Our exceptional lawyers provide superior results!

How Can a Medical Malpractice Attorney Help Me in Atlanta?

Medical malpractice is one of the most painful situations patients and their families can experience. When we visit a medical facility, we expect to receive excellent care. However, mistakes can sometimes happen, seriously affecting the patient’s health.

In this blog post, we will discuss the reasons behind medical malpractice, provide steps for gathering evidence, and explain how a specialized medical malpractice attorney in Atlanta can protect your rights and help you seek fair compensation if you become a victim of medical negligence.

What are the reasons behind medical malpractice cases?

There are several reasons why medical malpractice cases may occur, including:

Diagnostic mistakes: Doctors can make mistakes in diagnosing an illness or medical condition, leading to incorrect treatments or delays in receiving appropriate treatment.
Lack of experience: Newly graduated doctors or those who do not have sufficient expertise in a specific area may make errors in diagnosing, performing procedures, or prescribing medication. This can be particularly dangerous in cases of serious illnesses or emergencies.
Work overload: Doctors who have excessive workloads or are exhausted may be more prone to making mistakes. The lack of time and pressure to treat many patients can lead to dangerous oversights in patient care.
Defective medical equipment: Medical equipment that is not in working condition can cause harm to patients. If doctors fail to ensure the proper functioning of equipment before using it, they may make mistakes and jeopardize the patient’s well-being.
Negligence: Occasionally, healthcare professionals may act negligently and cause harm to patients.

What Should You Do If You Are a Victim of Medical Malpractice?

If you have been a victim of medical malpractice and wish to file a claim, it is essential to gather evidence and collect the necessary information to support your case. Among the documents you should obtain are:

Medical records: Collect all your medical records, including treatment, hospitalization reports, physician notes, test results, medical images, prescriptions, and other relevant documentation. These records will support your claims and serve as evidence in your case.
Expert reports: Get second opinions from other doctors who can evaluate your situation and provide a professional opinion regarding the existence of medical negligence in your case. These reports can support your claims and strengthen your case.
Witness testimonies: If there were eyewitnesses to the medical negligence, try to obtain their testimonies. These testimonies can support your claims and provide additional evidence.
Bills and medical expenses: Keep a detailed record of all bills and medical expenses related to medical negligence, such as additional treatments, medications, therapies, visits to specialist doctors, etc. These records will be necessary for calculating the economic compensation you may seek.
Follow-up reports: If you have sought additional medical care after the medical negligence, get reports and documentation related to your current health status. These reports can demonstrate the lasting effects of negligence and the need for further treatment.
Records of conversations and communications: If you have had conversations with medical staff, keep a detailed record of the dates, times, and content of the conversations. This can be useful to support your claims and demonstrate any negligence or lack of communication.
Record of damages and losses: Keep a record of the physical, emotional, and financial effects you have experienced as a result of the medical negligence. This may include pain, suffering, loss of income, additional expenses, and any other harm you have suffered.

At Castan Lecca & Boeschen, our specialized team in medical malpractice can provide you with a wide range of services and support to help you face and resolve your case with superior results.

We will be with you every step of the way:

We will evaluate your case.
We will provide legal advice.
We will gather the evidence.
We will negotiate fair compensation with the insurance company.
If necessary, we will accompany you through the legal process.
And finally, we will strive for superior results! We will assist you in receiving fair compensation, which may include medical expenses, loss of income, pain, suffering, emotional damages, and other losses related to medical negligence.

Remember that each medical malpractice case is unique, so it is important to consult with our team of attorneys to receive specific guidance based on your situation. Call us today at 6788253611 to schedule your free legal consultation.

What Are the Responsibilities of Personal Injury Lawyers?

Personal injury lawyers specialize in representing clients who have been injured as a result of someone else’s negligence, recklessness, or intentional wrongdoing. They are responsible for a variety of tasks and have several key responsibilities, which are essential to ensuring that their clients receive fair compensation for their injuries.

Protect Client’s Legal Rights

One of the most important responsibilities a personal injury lawyer has is to ensure that their client’s legal rights are protected. This includes making sure that their client is not taken advantage of by insurance companies or other parties involved in the case. The lawyer will work to negotiate a fair settlement for their client, and if necessary, take the case to court to fight for their client’s rights.

Thoroughly Investigate Their Client’s Case

Another responsibility a personal injury lawyer has is to thoroughly investigate the case. This involves gathering evidence, interviewing witnesses, and consulting with experts to determine the extent of the injuries and the amount of compensation for damages that should be sought. The lawyer will also review medical records, police reports, and other documents related to the case to build a strong case for their client.

Provide Clients with Regular Updates

Personal injury lawyers must also provide their clients with regular updates on the progress of the case. They must keep their clients informed about any developments in the case, such as settlement offers or court dates, and help their clients understand their legal rights and options.

Be Honest and Transparent with Their Clients

In addition, personal injury lawyers have a duty to act in their client’s best interests at all times. They must be honest and transparent with their clients, provide accurate and truthful information, and ensure that their clients fully understand the legal process and the potential outcomes of their cases.

Work Diligently For Their Clients

Personal injury lawyers also have a responsibility to work diligently on their client’s behalf. This includes meeting deadlines, conducting research, and filing paperwork in a timely and efficient manner. They must also be prepared to go to trial if necessary, and have the knowledge and experience to effectively represent their clients in court.

Protect Client’s Privacy

Finally, personal injury lawyers must maintain the highest standards of professional ethics and conduct. They must uphold the integrity of the legal profession and follow all relevant laws and regulations. They must also maintain confidentiality and protect their client’s privacy at all times.

Overall, the responsibilities of a personal injury lawyer are extensive and require a high degree of knowledge, skill, and dedication. By providing their clients with top-quality legal representation, personal injury lawyers help ensure their clients receive fair compensation for their injuries and losses.

What kind of cases do personal injury attorneys handle?

Our experienced Georgia personal injury attorneys are equipped to handle a wide range of personal injury cases. Some of the types of personal injury cases that we handle include:

Car Accidents: Car accidents are one of the most common causes of personal injury. Our attorneys have extensive experience in handling car accident cases, including accidents involving multiple cars, motorcycles, and trucks.
Slip and Fall Accidents: Slip and fall accidents can occur anywhere, from private residences to commercial properties. If you have been injured in a slip and fall accident due to the negligence of a property owner, our attorneys can help you seek compensation for your injuries.
Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide a standard level of care, resulting in injury or harm to the patient. Our attorneys have the knowledge and expertise to handle complex medical malpractice cases.
Dog Bites: Dog bites can result in serious injuries, including scarring, disfigurement, and emotional trauma. Our attorneys can help you seek compensation for medical bills, lost wages, and pain and suffering resulting from a dog bite.
Product Liability: When a defective product causes injury or harm, the manufacturer or distributor can be held liable. Our attorneys have experience handling product liability cases, including defective medical devices and dangerous drugs.
Wrongful Death: Losing a loved one due to the negligence of another party can be devastating. Our attorneys can help you seek compensation for funeral expenses, medical bills, and other damages resulting from a wrongful death.

Regardless of the type of personal injury case you are facing, our attorneys will work tirelessly to protect your rights and seek the compensation you deserve. We understand the physical, emotional, and financial toll that personal injury can take on you and your family, and we are committed to helping you move forward with your life.

Contact us today to schedule a consultation with one of our experienced Georgia personal injury attorneys at Castan & Lecca.

Why is having a personal injury lawyer important?

Whenever you suffer physical injury from car accidents, slip & falls, or medical malpractice, you are entitled to make a personal injury claim. Most of these claims are based upon negligence, which originates from reckless behavior carried out by an individual while performing an activity. However, they can also stem from wrongful intent by the other party involved.

Therefore, thanks to personal injury law, you can file a civil lawsuit in court or file a claim and be compensated for all the losses that you’ve suffered as a result of the accident.

Whether your personal injury case is based on negligence or an intentional act, it is recommended to hire a lawyer. At Castan & Lecca, we provide a specialized team of personal injury lawyers to help you win your case so you receive the compensation you need for recovery.

What is personal injury law?

Personal injury law is meant to protect you or your property if you sustain an injury or if damage is done by another party, whether it stems from negligence or a wrongful intent on their behalf.

Physical personal injury claims can stem from:

– Automobile accidents

– Workplace accidents

– Assault

– Product defect accidents

– Medical malpractice

– Nursing home abuse

– Toxic tort (exposure to a chemical or a dangerous substance)

– Slip & fall

Regardless of the injury claim, any physical stress and trauma caused by your injury is described as pain and suffering in court. By working alongside health professionals and relying on evidence such as medical documentation, and any testimonies from witnesses or videos, the team at Castan & Lecca provides the proper legal aid to help you win your case and receive the correct compensation that you deserve.

On what grounds can I plead a personal injury case?

Your personal injury claims can be brought under these three grounds:

Negligence: According to the Georgia Negligence Law, negligence is defined as when a person fails to apply a certain degree or duty of care to minimize risks of injury to others. In Georgia courts, a modified comparative negligence approach is used where the plaintiff (you) can only recover if you’re less than 50% responsible for your injuries.
Strict Liability: Under Georgia’s product liability law, an injured person has the right to sue the manufacturer, distributor or retailer that caused them harm. The plaintiff doesn’t have to prove negligence, but they must show that the defendant was the manufacturer at fault, the product was defective, and its condition caused the plaintiff their injury.
Wrongful intent: Whenever conscious, intentional wrongdoing is carried out, whether it be a civil wrong (e.g. libel) or a criminal act (i.e. assault), it is malice. However, there must be proof that the conduct was carried out intentionally to win the lawsuit.

In Georgia, the statute of limitations for personal injury is two years, starting from the date of the plaintiff’s injury or death. Therefore, we recommend that you should take legal action and realize the seriousness and extent of your damages as soon as possible to help your case.

What are the benefits of having a personal injury lawyer?

By hiring a personal injury lawyer, your claims will have a higher success rate; in fact, according to a study conducted by Cornell Law, between 60 and 80 percent of cases reach a settlement. Also, with the help of an attorney, you won’t have the full weight of stress when dealing with insurance companies and proceedings by yourself. This can free up your personal time. Therefore, at Castan & Lecca, these are the benefits you will receive while we plead your case:

We deal directly with the insurance company: instead of personally dealing directly with your insurer, we take over this process by carrying out the correct steps in filing an insurance claim and help you receive full compensation for your injury without having to reach a settlement before knowing the whole extent of the damages. Let us do all the heavy lifting while you solely concentrate on your recovery.
We understand the legal requirements to prove liability: our team of experts will handle the investigation to gather the evidence needed to back up your claim while identifying the responsible party.
Handling Settlement Negations and Lawsuits in your best interest: with our experience, we prepare a detailed settlement package that includes the necessary evidence that proves your damages along with the monetary value of your claim. We undergo the negotiations so you can receive your compensation.
We make the legal process much smoother for you: we understand that filing and dealing with a personal injury claim can be a hassle (filing documents, dealing with insurance companies, etc.). Therefore, with our experience in personal injury, we make sure your best interests are protected and your demands are met.
Your compensation will arrive much quicker: by filing your personal injury claim on your behalf, we undergo the correct procedures to make sure there are no setbacks during the case and to help you be compensated as soon as possible. Instead of waiting until you have fully recovered to go and seek your compensation, contact us immediately after your accident to accelerate the process.

How can you get started on your personal injury claim?

If you have suffered any personal injury recently, it is not late to act. Before hiring an attorney, the first step to start filing a claim is collecting all the evidence related to your accident. Photographs, videos, even witnesses (if required) with their names and contact information are useful.

Also, keep a journal and write down everything that has happened to you after the accident such as medical bills, lost workdays, or any physical changes that have occurred to you. These items will back up your claim.

Afterwards, our main recommendation is to hire an attorney to help you with the judicial process. However, since we understand that the judicial process can be overwhelming and time-consuming, with Castan & Lecca, you will have experts alongside to help you through this process. Let our legal knowledge and experience help you obtain the compensation that is rightfully owed to you.

Contact us to schedule a free consultation to start working on your case.

What is medical malpractice?

In every job, there’s always going to be a potential for mistakes. However, in some fields like medicine, professionals are required to be more meticulous and careful with their actions, since there is a higher risk at hand. Medics are responsible for: other people’s lives, being completely correct with medical research, applying medical procedures in a rigorous manner, among other obligations.

Unfortunately, sometimes medical procedures or evaluations don’t go as expected or aren’t handled by medical professionals that are fully aware of the responsibility they’re carrying when taking care of their patients.

When a medical professional doesn’t perform their tasks with the approved standards of the medical field (either by a misdiagnosis or undergoing medical treatment) their patient suffers the consequences as a result, such as their health declines or a new diagnosis appears; it’s a high likelihood that there is a case of medical malpractice.

According to a study carried out by the CDC, medical errors are the third leading cause of death in the United States, behind heart disease and cancer. Additionally, an article published in the newspaper, France 24, estimated that “one out of ten patients also suffers from lack of proper medical attention” in the U.S.

Therefore, since medical malpractice is a common problem that affects us all, in this blog you’ll learn what exactly is medical malpractice to help you understand why having an attorney guiding your case can help you receive your compensation.

Remember: if you need legal help in a medical malpractice case, call Castan & Lecca. Plus, your first consultation is free.

What is considered to be a medical malpractice case?

In order for your case to be considered medical malpractice, you must prove these three legal factors. They are:

Injury: any physical or emotional harm that may appear immediately or after a medical malpractice accident occurred.
Malpractice: as explained earlier in the blog, this is the negligence or non-observance of the standards by medical professionals that caused injury during a medical procedure.
Causal link: the evaluation of whether or not the injury was caused due to negligent acts of the doctor in charge, confirming that the patient was a victim of medical malpractice.

What are the most common types of medical malpractice?

Although there are many kinds of medical malpractice, there are six common reasons, according to our experience, why our clients have suffered injuries in their trips to the doctor. They are:

Lack of expertise: some doctors treat their patients without having enough knowledge or skill in interpreting the symptoms they have. As a result, the physician provides a misdiagnosis of their condition and is unable to give the treatment that the patient needs.
Recklessness: the excessive confidence that the physician has towards the patient’s clinical condition since the medic believes that there will be no relevant complications to be developed later on. These actions can result in not having preventative measures in place if the patient’s health worsens.
Error with the diagnosis: this usually occurs when the physician doesn’t prescribe tests, blood samples, or check the patient’s medical history to correctly determine their diagnosis. In fact, these costly mistakes can be more complicated if the patient has to make repeated medical visits, which delays undergoing exams that can lead to the loss of adequate time to cure their sickness.
Medication errors: mistakes that doctors make whenever they inaccurately prescribe a medication to cure the patient’s disease or administer a medication that the patient may be allergic to. Medication errors can worsen a patient’s health, and in some cases, result in their deaths.
Lack of information provided to the patient: whenever the patient receives medical treatment or intervention and is not correctly informed about the risks, types of procedures they’re going to receive, or any alternatives available to cure their condition.
Surgical errors: these accidents arise when a patient is undergoing a surgical procedure and there is a mistake done by the surgeon or medical team in charge of the procedure. Physical damages, injuries, and even the death of a patient may be the results of surgical errors.

Other types of medical malpractice that also occur are: cosmetic surgery complications, hospital-acquired infections, and perinatal injuries, among others.

If you believe that you suffered from medical malpractice, contact us. Here at Castan & Lecca, our attorneys will guide you in your case and provide you with the steps you need to take to be compensated for your injuries.

What claims can I file in a medical malpractice case?

If you have been injured due to medical malpractice, our team of exceptional attorneys can help you file a claim for:

Civil liability: with this claim, you will file against insurance companies and/or private medical centers to ensure they pay compensation for your injuries. A court ruling will establish how much money you’re owed for your troubles.

Legal liability: the claim is carried out against public medical centers, trying to prove that there was a failure in the medical staff’s responsibility to take care of the patient.

Criminal liability: in this case, the victim files a claim against the physician to disqualify them and in even some cases, seek prison sentences against the medic for breaking the law.

It is important that an attorney should analyze your case and gather all the evidence to establish the type of medical malpractice you went through and which claim should you file to give you the best shot of winning your case. And remember, at Castan & Lecca, we are always available to help you file a lawsuit and get your life back.

4 Crucial Elements Of Medical Malpractice

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.

5 Most Common Types Of Medical Malpractice

Millions of healthcare providers engage in dispensing advice, prescriptions, and treatments everyday across the country. Yet a mistake in any type of medical treatment can be devastating. These mistakes that happen in the healthcare field can have long-lasting or permanent adverse effects on the patient.

What exactly is medical malpractice? According to Medical News Today, medical malpractice is when a healthcare provider does not give appropriate treatment or action, or gives a treatment that causes harm, injury, or death to a patient. This neglect or failure is a serious matter; any mistake that occurs in a healthcare context requires immediate attention.

For a case to be considered medical malpractice, there are three factors to consider:

Failure to provide a proper standard of care
An injury results from negligence
The injury must have damaging consequences

This is why it’s important to seek out a personal injury attorney if you or a loved one has suffered from a medical mistake: a healthcare provider is expected to administer a certain standard of care. If they fail to do this, mistakes can and do occur.

After seeking the guidance of a personal injury attorney, you may be eligible to receive compensation for your injuries. Two types of damages an injured patient may get include compensatory damages and punitive damages.

In a medical malpractice case, the plaintiff must prove the following:

That the doctor had a duty to provide standard care to the patient
That the doctor did not provide a certain standard of care
This failure resulted in the patient’s injury
The resulting injury had substantial damage to the patient’s life

In this latest blog post, we’ve detailed the five most common reasons for a medical malpractice case. If you have further questions regarding medical malpractice, please feel free to reach out to us. We’d be happy to assist you.

Misdiagnosis

Misdiagnosis of illnesses or conditions accounts for one of the most common types of medical malpractice cases. When a doctor diagnoses a patient with the incorrect condition, that patient may suffer due to lack of appropriate treatment, surgery, or medication. The patient, however, could also suffer if they are prescribed the incorrect medication or if they undergo needless surgery.

Circumstances related to misdiagnosis are a lack of diagnosis or a delayed diagnosis. The time wasted while not having a proper diagnosis could lead to serious consequences for the patient. For a progressive disease, the diagnosis should be given as early as possible, especially if the patient seeks medical treatment in a timely fashion.

Many diseases can worsen if not diagnosed, and can prove to be fatal in those cases. A proper diagnosis can prevent complications and possibly even save lives.

You must keep in mind that if the perceived negligence occurs without injury, then a patient may not be entitled to file a claim. The plaintiff has the responsibility of proving that the negligence led to injury. The crux of medical malpractice claims is that if the provider had taken necessary steps that adhere to a certain standard of care, then the injury would not have occurred.

Injuries During Childbirth

If a baby sustains injuries during birth, it could be due to a healthcare provider’s negligence or error. This also goes for a fetus during pregnancy, which can include a failure to diagnose certain conditions the mother may have like preeclampsia, Rh incompatibility, hypoglycemia, anemia, or gestational diabetes.

When medical malpractice happens during delivery, it usually has to do with birth complications. These could include a doctor failing to address a drop in fetal heart rate, failing to diagnose birth defects, or failing to administer a cesarean section when needed.

According to HG, some injuries sustained during birth can be quite severe, including seizure disorders, broken bones, paralysis or cerebral palsy. These serious injuries are devastating to families who have to deal with the repercussions for life. In these cases, it is crucial to be able to pay for needed treatments, therapies, and medications. You should therefore find out if your case is eligible for compensation.

Errors in Medication

Medication mistakes are one of the most common instances that lead to medical malpractice cases. The doctor can mistakenly prescribe the wrong medicine altogether or merely the incorrect dosage. In an in-patient hospital setting, a nurse or doctor could end up giving the wrong medication to the wrong patient. Mistakes such as these can lead to serious consequences.

Mistakes in medication can also lead to harmful drug interactions. When the doctor prescribes your medication, they should take note of any interactions that might occur with existing medication or with any conditions you might have. If they fail to acknowledge a drug interaction, it could damage your health considerably.

Errors in Anesthesia

Another common healthcare error can occur within the anesthesia context. Many times, this type of error has to do with the healthcare provider giving the incorrect dosage of anesthesia prior to surgery. Even very small errors can result in life-altering damage or death, which is why it is so important for healthcare professionals to check and double check dosages.

There are other instances that can contribute to errors in anesthesia. These include a failure to reference the patient’s medical history and their possible reaction to certain anesthesia medicines, a failure to monitor the patient’s vital signs, using faulty tools, or even improperly intubating the patient.

Errors in anesthesia have extremely serious consequences. It is for this reason that you should seek out a personal injury attorney that specializes in medical malpractice to consult with you on your possible case. Reach out to us at Castan & Lecca to set up an appointment today.

Errors During Surgery

Common reasons for medical malpractice many times involve surgery. This could include any number of things. The surgeon operates on the wrong part of the body (or “wrong site surgery”), leaves gauze inside of the patient, or actively makes a mistake like puncturing an organ or causing bleeding, or causing nerve damage. These instances listed are just a small sample of errors during surgery.

There is also something known as “wrong patient surgery” in which a surgery operates on the wrong patient altogether. While this is not as common as wrong site surgery, it can still occur and cause, at the very least, unnecessary recovery or lasting injuries.

A common mistake that occurs during surgery could involve the use of unsanitary instruments, which could lead to infection or sepsis. This instance could be especially damaging to a patient with a compromised or low immune system and could lead to lasting impacts.

Conclusion

There are many different types of lasting damage that one can suffer from a medical mistake. They can include physical injury and pain, emotional suffering, financial impacts, and familial impacts. A life change like this can be devastating to the victims and their families.

While personal injury lawyers cannot turn back time, they can assist you through the difficult process of filing a medical malpractice claim. The compensation you deserve from a medical injury will allow you to regain a feeling of stability and comfort, even in the face of hardship and pain.

If you believe that your injury could have been avoided if certain steps were taken to ensure your safety and care, you may be eligible for monetary damages.

This is why it’s important to have medical malpractice case experts on your side from the moment you are injured. Please call us today to set up a free consultation of your case. We are exceptional attorneys who provide you with superior results.

Medical Malpractice Claims in Atlanta: Errors and Process

All patients have the right to be treated by a medical professional with the assurance of no further injury. Medical duty is based on using your medical knowledge to competently exercise your area, the necessary skills to apply your knowledge, having a high level of care for all patients and a professional medical judgment where your experience and training exercise optimal treatment for all patients. Based on this, medical malpractice is difficult to claim. With an experienced medical malpractice attorney, you can win your case. Castan & Lecca Attorneys will defend your rights and help you prove responsibility for your injuries.

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