Castan y Lecca Group
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.

Types of Medical Malpractice

Medical malpractice is defined as injuries improperly caused by a doctor. Medical malpractice lawsuits are designed to provide injured patients with compensation to recover and compensate for their injuries or damages. There are no equal cases, they all have their differences. Thus, there are different types of medical malpractice or medical errors.

Misdiagnosis

Misdiagnosis is one of the medical errors that can be considered medical malpractice. The symptoms of each patient must be detected by an expert doctor. Each patient must receive timely medical care. However, errors in diagnosis can occur causing detrimental symptoms or injuries to the patient. Common types of misdiagnoses include:
  • No diagnosis of cancer, diabetes, or appendicitis.
  • Misdiagnosing the symptoms of a heart attack, stroke, and/or pulmonary embolism.
In the event that these diagnostic errors occur and the patient does not receive the appropriate treatment or receives another one by mistake, you can file a lawsuit for medical malpractice. The physician can be held liable for damages, injuries and adverse symptoms that occur to the patient.

Surgical error

Surgery is a procedure where a medical error can occur. Every surgical procedure must follow a few steps to avoid infection, organ damage or failure of the immune system. Surgical errors can occur in various ways.  Occasionally, a surgical error can cause lacerations or perforations in organs or arteries that cause a serious infection. Surgical errors can also cause uncontrolled bleeding or internal bleeding due to the poor performance of the doctor. If the doctor makes a bad diagnosis or an incorrect evaluation of the patient’s symptoms, it can lead to an incorrect surgery. Poor communication or an error in the hospital record can lead a surgeon to operate on something that is actually working properly. Although it is rare, a patient may experience symptoms of infection after a surgical procedure. This may be due to the carelessness of forgetting a foreign object (gauze, wrap or other different material) inside the patient’s body. Some of these types of surgical errors can show up weeks or months after surgery. With the help of an experienced medical malpractice attorney, you can pursue a claim for damages and injuries. Call Castan & Lecca Lawyers today, your first consultation is free.

Anesthesia errors

The anesthetic process is a complex process. Since each patient must perform a pre-anesthetic procedure to evaluate the medications that she can take, allergies and the requirements of her operation. Medical malpractice for anesthesia can occur before or during the procedure. During the procedure it is important to have the necessary experience, since the patient must be monitored. Not being aware of the patient’s vital signs during the intervention or not having the necessary experience can be considered medical negligence.

Patient follow-up

It is very important to monitor the patient after any surgical intervention. Either by direct part of the doctor or by the nurses. The entire team must be aware of the treatment of each patient and make the correct medical decisions. Failure to monitor patient follow-up is considered medical malpractice. Ordering a treatment and not giving it regular follow-up can cause side effects in the patient. Therefore, the doctor would be the maximum responsible. Failure to monitor treatment for the effects and reaction of the patient’s body to the drug is also considered medical malpractice. When the doctor does not have a record of everything that is done to the patient, errors occur that can be avoided. In this way, avoidable harm can be caused to the patient which is another form of medical negligence.

Steps to start a medical malpractice lawsuit

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Generally, the costs for medical errors extremley high. That is why it is important to contact an experienced attorney directly to file a claim and obtain compensation that alleviates current financial expenses and covers future medical expenses.
  1.  Find and Hire an Expert Medical Malpractice Attorney Hiring an experienced medical malpractice attorney is critical to increasing your chances and success in your medical malpractice injury and damage claim. But, not sure what to ask your lawyer? Here are some important questions to ask your medical malpractice attorney:
    • What has been your experience in medical malpractice cases?
    • Have you had to represent patients at trial or have you managed to reach a preliminary agreement before trial?
    • What amount can I get as compensation?
    • Do you have expert doctors who can substantiate medical malpractice in my injuries?.These types of questions can help or guide you. However, ask and resolve all your doubts in your free consultation with an experienced medical malpractice attorney.The Castan & Lecca Law Firm has represented patients who were seriously injured by medical malpractice in Atlanta. The biggest advantage is that your first consultation is free. By doing this, you can have a real approach to your chances of success. As exceptional attorneys, they achieve superior results.
  2. Come to an agreement with your lawyer The moment you find the perfect lawyer to defend your rights, financial and health interests, reach an agreement for the payment of the fees. At the Castan & Lecca Law Firm we take what is known as contingent fees with our clients. This means that we do not charge anything if we do not win the case.
  3. Investigation of the case Once the agreement with your lawyer is closed, what is called the discovery and investigation stage begins. At this time the attorney, with the help of a team of expert doctors, will conduct an investigation of your injuries. In this way they will be able to understand the state of their body before the medical negligence, the medications or treatments that were given and the side effects or errors that produced greater injuries to the patient.
  4. Filing the claim for medical malpractice Once your attorney has finished reviewing your case and evaluating all of the medical evidence, the lawsuit process will begin. A notification will be sent to the patient so that they are aware of the initiation of the process and another notification to the defendant. At that point, a stressful time will begin in which the insurance company attorneys will launch an investigation to present their defense.Then the settlement negotiation process will begin, which will take several months to get the compensation you deserve.Were your injuries caused by medical negligence? Not sure what steps to take to file a lawsuit? Castan & Lecca attorneys are highly experienced in personal injury and medical malpractice cases. You deserve compensation for your injuries and we can help you get it. We are superior lawyers and we obtain exceptional results
Contact us to schedule a free consultation to discuss 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.