Legal Question in Medical Malpractice in Georgia

If an annual CAT scan for a small aortal aneurism reads that everything is fine but a new problem seems to be identified and the doctor in question does not inform you of that, is this malpractice?

Asked on 7/24/17, 1:35 pm

1 Answer from Attorneys

Roger Krause Krause Law Firm

Patients have the right to all their medical records. Certainly, this includes all testing, including the opinions of the folks that read the tests, i.e. radiologist, cardiologist, etc.

While medical malpractice has lots of complexity, there is generally two basic elements that need to be proven: (1) wrongdoing and (2) damages. Wrongdoing describes the errors and mistakes. Per the inquiry, the failure to discuss clinically significant changes in serial testing is a type of wrongdoing. Damages describes the harms and losses; those injuries that directly caused by the wrongdoing. Continuing the analogy, the damages could range from frustration to a heart attack and even death. The damages would also include the medical bills, lost wages, etc.

Medical malpractice cases are perhaps the most difficult types of cases. It is for this reason, that our firm only accepts cases in which the harms are worst possible harms, limited to situations where the damages are death, or where there is permanent and catastrophic injury.

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Answered on 8/15/17, 11:28 am

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