In simple terms, Medical Malpractice is when a healthcare provider is negligent and causes injury. It’s no different than when a driver runs a red light and causes an accident.
Georgia has a statute which defines the standard of care as follows:
“A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.”O.C.G.A. section 51-1-27
In other words, the standard of care is what a reasonable doctor would or would not do in the same situation. In a malpractice trial, the judge tells the jury about this definition. The jury then decides what they believe a reasonable doctor would have done under the circumstances. Expert witnesses from both sides explain the medical issues and standards during the trial.
If you need legal help with a medical malpractice case, we’re here for you. Contact us today to learn more.