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.

(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.