Medical Malpractice Lawyer

Macon, GA

A medical malpractice lawyer like me represent individuals and families who have been injured by the careless conduct of doctors, nurses, and hospitals who failed to follow the standard of care mandated by other professionals in their same area of practice.

In other words, these healthcare providers must follow the safety rules that have been put in place to prevent harm and protect us all.

As a licensed RN and former critical care nurse, I am very familiar with the standard of care required to keep patients and families safe, as I followed those safety rules in providing care to my patients. Because of my nursing experience and 27 years of experience litigating these types of cases, I can quickly assess the truthfulness in healthcare providers’ stories and find the contradictions and violations of the safety rules revealed in the nursing and medical documentation.

What constitutes medical malpractice in Georgia?

Medical malpractice occurs when a health care professional (doctor, nurse or other licensed health care giver) or hospital or nursing home causes an injury to a patient through an act or a failure to act. In other words, when a medical professional fails to follow the standard of care or safety rules in providing care to a patient either knowingly or due to a lack of training, experience, or oversight by the hospital or corporation, and that failure harms a patient, then those involved have breached the standard of care and are responsible for the harms and damages he/she/they caused. The standard of care or safety rules that must be followed are what a reasonably prudent healthcare provider, like a nurse or doctor or hospital, would do under the same or similar circumstances.

There are 4 basic requirements in a medical malpractice case. All 4 must be proven.

A relationship existed between the healthcare professional and the patient. (The healthcare professional was providing and/or responsible for the care to the patient: the duty of care.)
The medical professional was negligent. (Through action or inaction, the medical professional did not follow the standard of care [safety rules] in caring for the patient: the breach of the duty of care.)
The medical professional’s negligence caused the injury to the patient (causation).
The patient suffered actual injuries as a result of the negligence (damages).

Types of mistakes and errors which constitute medical malpractice include:

Failure to order or provide the correct treatment in a timely manner

Ex: Dialysis needed for fluid overload and delayed for 6 hours

Failure to recognize the signs of a stroke and order correct treatment in the time allowed to prevent/minimize the effects of a stroke, stroke, or heart attack

Ex: Not ordering a stroke assessment on a patient with a sudden loss of mobility in their arm

Failure to order appropriate testing

Ex: Not ordering an MRI or CT scan on a patient with back pain after a fall

Failure to timely review diagnostic tests or lab results

Ex: Suspecting an infection and not reviewing the blood work/CBC to order necessary antibiotics

Failure to recognize that a baby is experiencing distress prior to birth

Ex: Not recognizing that the fetal monitor strips indicate the baby is not getting enough oxygen

Failure to train nursing staff properly to work in certain areas of the hospital

Ex: Staffing the ED triage area with nurses who are not familiar with the signs and symptoms of life-threatening conditions

Failure to make sure patient drug allergies and accurate medication dosages are documented in the medical record

Ex: Writing the drug allergy on one record but not making sure it is documented on all records for that patient

Failure to diagnose a patient’s problem/complaints correctly

Ex: Chest pain diagnosed as indigestion when it is a heart attack

We’re here to help, call to schedule a consultation: (478) 477-9000

Medical Malpractice FAQS

When should you contact a medical malpractice lawyer?

If you believe that you or someone in your family has been harmed by a doctor, nurse, or hospital, you need to contact an experienced medical malpractice attorney, one who can evaluate your concerns and provide you with guidance regarding whether to pursue a claim or not. We can provide you with that guidance at Dellacona Law Firm.

Time is of the Essence

Georgia law sets specific time limits regarding when a lawsuit must be filed or the person(s) loses the right to bring a claim. These time limits are called statute of limitations. Most statute of limitations on personal injury matters are 2 years from the date of the injury. However, as with most things, there are exceptions. The time limit may be affected by when the estate of a deceased person has an administrator appointed, for example. If a child is involved who is younger than 5 years of age, then the time limit is expanded to 2 years from the child’s 5^th birthday (however the parents must file a claim for any medical bills before or by the 2 year anniversary date of the injury). Wrongful death claims must be filed before or by 2 years from the date of the death (again, there are exceptions involving this claim so please seek an experience attorney’s advice before it is too late).

How can medical malpractice cases be complex, and what evidence is typically required?

Good question! I like to say we wear many hats at various times during our representation of you and your family. I am a healthcare professional, a teacher, and many times I feel like a social worker, a forensic investigator, and a therapist in addition to an attorney. At Dellacona Law Firm, you become part of our family, so we not only try to help you legally and financially recover from the wrong that happened, but we also try to assist you with other issues that flow from the devastation you have experienced as a result of the carelessness of others.

Medical malpractice cases, as you might imagine, are usually very complex. They rely heavily on the testimony of medical experts and other highly technical evidence. Both are crucial because the details of the medical procedures and the standards of care require specialized knowledge that only those with relevant medical expertise can provide. Georgia law requires these types of experts testify in medical malpractice cases.

We secure experts who work or teach in the specialty area involved in your case. They can verify to the court that negligence occurred and that the negligence caused your injuries. Their testimonies and the technical evidence they provide form the backbone of your case, demonstrating not just that negligence occurred, but also linking it directly to the harm you suffered. This meticulous gathering and presentation of evidence are essential in navigating the complexities of medical malpractice and in achieving a successful outcome for you and your family.

What questions should you ask a medical malpractice attorney?

The following questions will help you determine if you should hire a particular medical malpractice attorney.

How extensive is your medical knowledge?
Have you handled a case like mine before? What was the result?
Have you gone to trial on a case like mine and what was the result?
What are the strengths and weaknesses of my case?
How will I be kept updated on my case status?
Can you give me a time frame of how long it will take to get my case to trial?
How much will it cost to pursue my case and do I have to pay any money as a retainer?

What types of medical malpractice cases does Dellacona Law handle?

We are well-equipped to handle a wide range of medical malpractice cases. Our expertise covers various areas including, but not limited to:

Anesthesia Malpractice: We deal with cases involving errors when administering anesthesia. The
Surgical Mistakes: We handle cases involving errors during surgeries such as incorrect procedures, emergency surgery mishaps, tools left inside the patient, negligence leading to infections, and improper preparation for surgery.
Birth Injuries: We represent people whose children suffered injuries during birth that result from inadequate monitoring, delayed actions, incorrect delivery techniques, or misuse of medical tools like forceps. We also represent the women who were harmed during childbirth due to negligence and delayed action or inaction.
Misdiagnosis: We help clients affected by misdiagnosis or delayed diagnosis of critical conditions like cancer, strokes, or heart attacks, which can lead to serious health consequences.
Medication and Pharmacy Errors: We represent individuals who have suffered due to incorrect medication prescriptions, wrong dosages, or harmful pharmaceuticals.
Elder Abuse and Nursing Home Abuse: We help patients and families of patients abused by caregivers and nursing homes. The forms of abuse may include communication failures, administrative errors, malnutrition, dehydration, infections, bed sores, theft, intimidation, humiliation, hitting or improperly restraining, and sexual abuse.
Hospital Negligence: We represent clients against medical institutions whose negligent record handling, inadequate staffing, improper training, and other policies resulting in harm to a patient.
Pharmacy and Prescription Mismanagement: We take on cases involving recalled or harmful medications prescribed or filled out of negligence.

At Dellacona Law Firm, we are committed to advocating for victims of medical malpractice. Tracey Dellacona is a registered nurse, and we are passionate about holding accountable the medical professionals and institutions that harmed you and your loved ones.

What are common examples of hospital/surgical errors that can result in medical malpractice?

Types of mistakes and errors which constitute medical malpractice include:

Failure to order or provide the correct treatment in a timely manner, such as missing the critical window to administer clot-busting drugs during a stroke.
Failure to recognize the signs of a stroke and order correct treatment in the time allowed to prevent/minimize the effects of a stroke or heart attack, which could include delays in surgical interventions or administering appropriate medications.
Failure to order appropriate testing for symptoms indicating severe conditions like cancer or internal bleeding, which can lead to worsening health outcomes.
Failure to review diagnostic tests or lab results in a timely manner, which may delay critical treatment decisions in cases of rapidly advancing diseases such as infections or cancer.
Failure to recognize that a baby is experiencing distress prior to birth, which can include ignoring signs of oxygen deprivation or fetal distress, leading to long-term neurological damage or physical injury.
Failure to train nursing staff properly to work in specific areas of the hospital such as intensive care units or pediatric wards, potentially leading to inadequate patient care and severe health complications.
Failure to make sure patient drug allergies and accurate medication dosages are documented in the medical record, which can result in dangerous or fatal medication errors.
Failure to diagnose a patient’s problem/complaints correctly, which may include misdiagnosing a heart attack as indigestion or missing the signs of appendicitis.

Additional examples of medical malpractice include errors such as:

Surgical errors, notably in emergency surgeries or procedures involving anesthesia, which could result in complications or death.
Anesthesia errors, including failure to monitor the patient’s vital signs and responses while under anesthesia, leading to potential brain damage or unexpected fatalities.
Misread lab results or radiology reports, including errors in interpreting X-rays or MRI scans, which can lead to incorrect, ineffective, or even harmful treatment plans.
Pharmacy/prescription errors, including dispensing the wrong medication, a medication the patient is allergic to, or incorrect dosages, further endangering the patient’s health.

Remember, if you are interacting with medical offices, are in the hospital, or have a loved one who is, it’s critical to be vigilant and as aware as you can be of everyone interacting with the patient and what decisions they are making. The medical standard of care is strict and exacting, but difficult for people without a related medical background to understand.

How do I prepare for a medical malpractice case?

Once you have decided that you want an attorney’s advice about what happened to you or your family, gather any information you have regarding the incident (medical records, bills, texts, emails, pictures, the phone used to make or receive information or take pictures) and make an appointment. We will then provide you with any further instructions about what to do if the case is one that needs further investigation and that should be pursued.

Do most medical malpractice cases settle?

Sometimes. Each case is different, and many factors influence whether a case will settle or go to trial. We do not take a case that we are not prepared to take to trial. It is our goal to place you in the best position you can be in to make informed decisions about the resolution of your case.

How much does a medical malpractice attorney cost?

We offer free consultations to individuals and families seeking guidance about whether a hospital, doctor, or nurse hurt them or their loved ones. Please call us to discuss your situation. At Dellacona Law Firm, we would welcome the opportunity to seek justice for you and your family through our representation. To set up your free consultation, call us at 478-477-9000.

How can individuals contact Dellacona Law for a consultation regarding a potential medical malpractice claim?

If you think you may have experienced medical malpractice and want to know your legal option, you can call us at any time. Our operating hours are Monday–Friday from 8:30am to 5:30pm, but we will happily call you back if you call outside of those hours. Let us know you’d like to set up a consultation, we’ll ask a few questions about what type of case you’re considering, and we’ll get it set up. All my initial consultations are free. I look forward to meeting you and hearing about your unique situation.