Castan y Lecca Group

MEDICAL MALPRACTICE

When a doctor, nurse, or other healthcare provider makes a mistake, the results can be devastating. Irreversible damage can occur from the most minor of healthcare decisions or medical procedures, and these consequences may or may not be immediately identified.

According to the US National Library of Medicine, medical malpractice is defined as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Malpractice cases can allow monetary damages for things like pain and suffering and medical expenses. Attorneys work with victims and their families in pursuing claims both in and out of the courtroom to ensure that they receive the compensation they need to possibly recover from or treat their injuries.

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STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE IN GEORGIA

Generally, Georgia Code § 9-3-71 gives patients only two years from the date of injury or death to bring a lawsuit for medical malpractice. Given the unique complexities of each case, it’s best to consult with one of our experienced members of our legal team at Castan & Lecca for which time period applies to your situation.

COMMON INSTANCES OF MEDICAL MALPRACTICE

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Even though giving birth today is safer than in times past, serious short-term and long-term complications can occur if proper care is not given. Birth injuries can range from concerns that resolve within a few days to lifelong disabilities or conditions. When a healthcare provider fails to observe the basic standard of medical care, it can have dramatic consequences for you and your family.

Georgia law requires any party that practices medicine (which includes surgery) to use a reasonable degree of care and skill. It also requires that doctors implement techniques and treatments commonly used by others in the profession.

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Doctors undergo extensive education to guarantee they have the knowledge they need to care for their patients, and accurate determination of a patient’s needs is critical. If the wrong diagnosis is given, a patient may have costly expenses or painful side effects from unnecessary treatments.

Doctors should be thorough and precise in giving you the care you need. A hasty or negligent diagnosis could have lasting consequences or prove to be fatal, which is why you need an experienced attorney by your side to advocate for your rights.

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Too many people die each year as a result of not being properly cared for in a hospital. Hospitals are responsible for the safety and well-being of those entrusted to their care. In some instances, hospital staff might know about a mistake in patient care but will avoid reporting it out of fear of the consequences.

If you feel that your loved one has been inadequately cared for during a hospital stay, meet with an attorney as soon as possible to determine what help is available to you.

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Wrongful Death

A remedy does not exist for the loss of a loved one. But when a patient dies due to negligence on the part of the doctor, justice must be administered to those responsible for your loved one’s treatment. Dealing with circumstances like this can be incredibly emotional and painful.

You will want someone to guide you in your time of loss and give you clear counsel for what comes next. Even though compensation can never replace a lost loved one, it can help lessen the burden of paying for the funeral and other expenses.

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If you are a surviving relative of a victim whose death may have occurred due to negligence, an attorney can help you understand the options available to you. Reach out to Castan & Lecca 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.