FAQs

FAQs

Edmond & Lindsay LLP

Have a law-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • How can I know if I’m a victim of medical malpractice?

    You may be a victim of medical malpractice if you have suffered severe or unusual complications after receiving treatment. Other signs that you may be a victim of medical malpractice include lack of informed consent, unnecessary or overly invasive procedures and treatments, breaching the standard of care, cancer diagnosis after simple lab tests are performed, an error during surgery, or if your doctor made a mistake during your treatment.


    Here are some examples of medical negligence that indicate you should look for malpractice lawyers in Atlanta, GA for assistance:

    • Failure to diagnose or misdiagnosis
    • Misreading or ignoring laboratory results
    • Unnecessary surgery
    • Surgical errors or wrong-site surgery
    • Improper medication or dosage
    • Poor follow-up or aftercare
    • Premature discharge
    • Disregarding or not taking appropriate patient history
    • Failure to order proper testing
    • Failure to recognize symptoms
  • What is medical malpractice?

    Medical malpractice occurs when a hospital, doctor, or other healthcare professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management. When this occurs, it's best to hire one of the top malpractice attorneys in Atlanta, GA here at Edmond & Lindsay, LLP.


    Medical malpractice claims must involve a violation of a standard of care/breach of duty, an injury caused by the breach of duty or negligence, and damages. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual and persistent pain, suffering and hardship, or significant past and future medical bills.

  • What should I look for in a medical malpractice lawyer?

    If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury, you should consult/speak with medical malpractice lawyers in Atlanta, GA who have medical degrees.

  • How long do I have to file a medical malpractice claim?

    Malpractice attorneys in Atlanta, GA will inform you of the statute of limitation on medical malpractice in Georgia. It states that victims of medical malpractice have two years to file a claim from the time that the malpractice occurred or the time that the injury should have been reasonably discovered.

  • How much is a medical malpractice claim worth?

    Medical malpractice injury settlements amount to thousands of dollars, sometimes even millions. In the experience of our malpractice lawyers in Atlanta, GA, the average medical malpractice settlement amount in the United States is $200,000.

  • If I suspect that I’m a victim of medical malpractice, should I keep seeing the doctor or provider that I suspect committed the negligence?

    From a legal perspective, we do not recommend continuing treatment with a doctor that you believe may have committed malpractice unless necessary from a medical standpoint or from a treatment standpoint. Continue to seek care, but our medical malpractice lawyers in Atlanta, GA do not recommend that you continue treatment with a doctor that you suspect to have committed medical malpractice.

  • What factors are used to determine if a medical malpractice case is winnable?

    Our malpractice attorneys in Atlanta, GA look out for the following errors in treatment, diagnosis, child delivery, and/or surgery to make a case:


    • Failing to give the patient proper instructions to follow up.
    • Releasing a patient too soon before they are well enough.
    • Failing to consider a patient’s medical history when prescribing treatment and medicine.
    • Delayed diagnosis or misdiagnosis.
    • Prescribing the wrong medication to treat the patient.
    • Prescribing an incorrect dosage to the patient, which may lead to paralysis or death.
    • Failing to recognize potentially dangerous drug interactions or allergic reactions.
    • Failing to realize signs that a patient may be a drug addict or overdose which may lead to loss of life.
    • The improper use of forceps or too much force when removing a baby from the birth canal.
    • The umbilical cord wrapped around the baby’s nose, neck, or mouth.
    • The failure to recognize fetal distress.
    • The failure to perform a C-section on time.
    • Shaking, dropping, or mishandling the baby during or after birth.
    • Performing surgery on the wrong part of the body.
    • Performing the necessary surgery on the wrong patient.
    • Surgical tools such as gauze or other medical devices are left inside the patient.
    • Failure to follow the proper medical practices before, during, or after surgery.
  • How long does it take to litigate medical malpractice claims?

    In our experience, the average length of time it takes to get a final settlement in a typical malpractice case is between 18 to 24 months from the date that the case is filed. However, our malpractice lawyers in Atlanta, GA want to ensure you understand that it may take longer based on the specifics of your case.

  • If an attorney has already rejected my potential medical malpractice case, should I get a second opinion?

    Yes, do not assume that one rejection means you do not have a good case. It is normal to interview a few different lawyers, as there are about 1.3 million lawyers currently practicing in the U.S., according to Clio.


    There are lots of different reasons a lawyer may not want to represent you, including looking for a specific type of client. Medical malpractice lawyers work on a contingency fee basis, meaning they don't get paid unless they win your case for you. There can also be other reasons you may be turned down that are not linked to your case. Our medical malpractice lawyers in Atlanta, GA recommend to keep searching even after being rejected multiple times.

  • Are medical malpractice cases difficult to pursue/hard to win?

    Medical malpractice lawsuits can prove very complex and incredibly difficult to win. All too often, even in jury trials, victims who may have sustained severe injuries due to the negligence of their care providers may end up struggling to get the total compensation they deserve. This is due to the complexity of the subject that is being discussed in the lawsuit. Potential jurors may not have a full understanding of the steps the doctor took, which means it can be difficult to understand and explain just how the doctor made a negligent mistake in your care. However, our malpractice attorneys in Atlanta, GA will work tirelessly to ensure the jury understands your case!

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