Augusta, Georgia Medical Malpractice Lawyer

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Providing patients with appropriate treatment is a key legal and ethical duty for healthcare providers. Medical malpractice, or carelessness, is the term for what happens when doctors act carelessly or make mistakes when diagnosing, treating, or counseling patients, which can lead to serious injury.

Many people in Augusta, Georgia lose their lives, are maimed, or are injured every year as a result of medical malpractice. Despite the fact that medicine is not a precise science, patients have the right to expect doctors, therapists, nurses, and other healthcare practitioners to offer high-quality care while adhering to established professional standards.

In situations where medical malpractice occurs, the harmed party may seek legal counsel in order to recover damages. The patient must demonstrate that the healthcare provider violated the standard of care that other professionals in the same area would have followed in a comparable situation in order to establish culpability and recover damages. Expert witness testimony is frequently needed in this situation to establish the proper level of care and show how the healthcare professional fell short of it.

The harmed patient may be entitled to compensation for their losses if responsibility is established. We at Accident Assistance Now put you in touch with a dedicated Augusta medical malpractice attorney that focuses on your particular needs, like cases involving medical negligence. Legal proceedings that hold irresponsible healthcare providers accountable not only bring justice to the victims but also operate as a deterrence, motivating healthcare providers to fulfill their ethical and legal obligations to their patients.

Schedule your consultation today to explore your options or dial +1 (888) 685-5298 for the best legal care as soon as possible. We're here to offer the guidance and support you need during challenging times.

Table of Contents

Why Choose Us: Relationships & Results

The distinction between a typical law firm and a comprehensive service provider like Accident Assistance Now lies in our priorities and approach.

While many law firms concentrate on the mechanics of client intake, case resolution, and profit generation, our approach at Accident Assistance Now in Augusta is distinctly client-focused. This means from the moment you engage with us, you'll notice a difference. Our seasoned network of medical malpractice lawyers in Augusta, Georgia invest time to understand you and your unique situation thoroughly, ensuring we offer unparalleled support and representation at every phase of your case. Our commitment extends beyond individual cases; we're deeply rooted in the Augusta community, collaborating with local entities and actively participating in community initiatives.

Beyond our dedication to client and community, our track record speaks volumes. Our network of legal professionals possess the expertise to secure the most favorable outcomes in negotiations with insurance companies. Should negotiations not yield a just settlement, they're prepared to escalate matters, pursuing legal action to ensure justice is served.

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Your Augusta, Georgia auto accident attorneys are dedicated to seeking the highest possible settlement for you.

If you or a family member need legal representation, one call to accident assistance now can connect you with a skilled attorney. Our deep knowledge of Georgia laws, experience with local courts, and extensive contacts with medical professionals set us apart. Depending on your case, we will either work tirelessly to secure a fair settlement for your injuries or, if necessary, take your case to trial to ensure justice is served.

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What Is Medical Malpractice? What Are Common Examples?

Medical Malpractice occurs when a physician or healthcare provider’s negligence results in injury or death. Georgia Code Section 9-3-70 defines a medical malpractice action as a lawsuit seeking compensation for harm or death caused by medical services provided by a facility or licensed practitioner. Hospitals, clinics, medical facilities, nursing homes, and any employee of these are examples of potential defendants.  

Any action or inaction that would not have been done in the same or comparable circumstances by a reasonable and prudent medical professional and results in patient injury is referred to as medical malpractice. There are several types of medical malpractice:

Common Examples:

  • Surgical errors
  • Failure to diagnose cancer and other diseases
  • Doctor and physician errors
  • Inappropriate or negligently performed surgery
  • Emergency room errors
  • Anesthesia injuries/death
  • Birth injuries
  • Shoulder dystocia
  • Erb's palsy/cerebral palsy
  • Fetal acidosis
  • Disfigurement
  • Placenta abruption
  • Inappropriate or dangerous treatment practices
  • Pharmaceutical injuries, medication mistakes, and prescription drug errors
  • Hospital errors

You might have grounds to file a medical malpractice claim in Augusta, GA if your doctor, health care provider or hospital failed to fulfill the medical industry standard of care. The standard of care is the degree of patient care that a reasonable and prudent provider would exercise in a given circumstance.

How To Protect Yourself From Medical Errors And Negligence

You can take a few precautions in Augusta, Georgia to safeguard yourself against medical malpractice. It is very beneficial for:

Be Involved in Your Care Plan

If you are seeking medical advice and treatment, don't be afraid to ask questions when you'd like clarification. It helps to be an active decision-maker in your care.

Have Your Health Information Handy

Whenever you are seeking medical treatment, ensure those involved with your care are aware of all your essential health information, including potential allergies or medical conditions, as well as any medications you are currently taking.

Bring a Companion

Whenever you are navigating a complicated health issue, it can help to bring a close friend or family member with you to act as a second set of eyes and ears. They can help ask questions and offer additional insight.

Ask Questions and Voice Your Concerns

It's OK to speak up. For example, it's OK to ask providers treating you if they have washed their hands.

Get a Second Opinion

It never hurts to consult a second physician – two heads are always better than one.

Choose an Expert

If possible, choose to have a procedure at a facility where many patients with your same condition are being treated. These providers will have more experience, and it's less likely something will go wrong.

At Accident Assistance Now, we connect with a dedicated Augusta medical malpractice attorney who specializes in your specific needs, including wrongful death cases. We should not be described as a law firm. Our network of legal professionals are fierce advocates for their clients, driven by their relationships and concern for their clients' recovery. Should they ultimately pursue a medical malpractice action in your case, you can rest assured that they will do so with the utmost professionalism and dedication to your well-being.

Statute of Limitations on Medical Malpractice Claims in Georgia

Georgia's statute of limitations is one of the most important statutes to be aware of when bringing a medical malpractice lawsuit. This law establishes a time limit within which an injured patient must bring a lawsuit. States have different deadlines, and missing one could permanently bar you from pursuing damages.

You normally have two years in Augusta, Georgia, to file a medical malpractice lawsuit. The moment of the negligent act or omission that resulted in harm or death is when the clock begins to run. If, on the other hand, you found out about your accident later, you could have more time to file. Due to Georgia's five-year statute of repose, you must file your claim within that time frame, regardless of when you become aware of the damage.

The statute of repose is not applicable in situations when a patient's body contains foreign things that were left behind after surgery. Even if the injury is discovered more than five years after the surgery, the patient has one year from the date of discovery to submit a claim if a surgeon unintentionally leaves a tool, cotton ball, towel, or other foreign object within the patient's body.

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Process of Filing a Medical Malpractice Lawsuit

While every case is different, the majority of medical malpractice-related wrongful death cases generally proceed in the following order:

Investigate Your Case:

The legal team at Accident Assistance Now will investigate your case, assess the extent of the loss, meet with witnesses, and confer with medical professionals in order to prove that you were the victim of medical negligence that resulted in wrongful death.

File the Lawsuit:

Following the investigation, your medical negligence attorney could draft a complaint on your behalf for the court. The hospital or the party suing will reply to the allegations raised in the lawsuit. In a deposition, the physician or other medical expert can be called to testify under oath regarding the medical care given to the deceased.

Evaluate Settlement Offers:

Prior to coming to trial, many medical malpractice-related wrongful death cases are settled. Together, you and the Accident Assistance Now legal team will assess any settlement offers to make sure the damages are sufficiently covered. If not, they will represent you in negotiations for a larger settlement sum, presenting documents and expert testimony to show the entire extent of the damage.

Prepare for Trial:

The attorneys will get your case ready for trial if settlement talks do not provide a high enough offer. The legal team at Accident Assistance Now possesses a wealth of courtroom expertise and a proven track record in managing medical malpractice-related wrongful death cases.

Proving Medical Negligence

To establish a case of medical malpractice, you and your legal representative must demonstrate the following:

Existence of a Doctor-Patient Relationship

  • There was an established relationship between the medical professional and the patient, which meant the medical professional owed the patient a certain standard of care.

Breach of Standard of Care

  • The medical professional breached this standard of care through negligent or careless actions.

Causation

  • The medical professional's negligence directly caused harm to the patient.

Damages

  • The patient suffered quantifiable losses as a result of this harm, for which they can be compensated.

Types of Medical Malpractice Claims

Various medical errors made by physicians, nurses, and other healthcare personnel at facilities in Augusta, Georgia, can cause serious harm or even death. We at Accident Assistance Now put you in touch with attorneys that focus on wrongful death cases involving the following:

  • Birth Injuries
  • Failure to Detect and Treat Infections
  • Hospital Acquired Infection and Disease
  • IV Infiltration Burns
  • IV Infiltration Injuries
  • Medical Abandonment
  • Medical Malpractice Generally
  • Medication Errors
  • Misdiagnosis or Failure to Diagnose
  • Nursing Home Neglect and Abuse
  • Pharmacy and Prescription Errors
  • Physicians Failure to Communicate Test Results
  • Pituitary Tumor Surgery
  • Surgical Errors and Complications
  • Testicular Torsion
  • Thyroid and Parathyroid Surgery

Healthcare practitioners are required to maintain a professional quality of treatment, even though they cannot guarantee results. You are entitled to monetary recompense and justice when this norm is broken and you suffer harm or lose your life. Accident Assistance Now links you with an attorney for medical malpractice in Augusta who specializes in dealing with medical malpractice cases.

What Are Birth Injuries?

A negligent act or omission that negatively impacts pregnancy, labor, or delivery and injures the baby is explicitly referred to as a birth injury. Obstetricians, gynecologists, and other healthcare professionals are legally required to take reasonable precautions to avoid birth injuries. According to this standard of care, medical professionals must:

  • Properly diagnose and treat maternal conditions.
  • Monitor fetal development throughout pregnancy.
  • Monitor vital signs during labor and delivery.
  • Use the correct birthing techniques and procedures.
  • Correctly use birth-assistive tools, such as forceps.
  • Order emergency cesarean sections when necessary.
  • Properly and carefully handle an infant after birth.
  • Diagnose and treat infant conditions, such as jaundice.

Serious newborn injuries can result from any action or inaction during pregnancy, labor, delivery, or the immediate postpartum period that violates the medical standard of care. Traumatic injuries, fractured bones, facial paralysis, nerve damage, arm and shoulder damage, brain damage, palsies, and wrongful death are among the common injuries.

You might be able to file a claim in Augusta, Georgia if you find out that your child was injured at delivery. Here at Accident Assistance Now, we put you in touch with wrongful death attorneys who can help you with your particular situation. You may submit a claim on your minor child's behalf as a parent or legal guardian. You have until your child's seventh birthday to initiate a case if the malpractice happened before their fifth birthday. If the malpractice happened after your child turned five, you have two years from the malpractice date to bring a claim.

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Who Is Liable?

Medical practitioners, including doctors and surgeons, are typically employed as independent contractors by hospitals and doctor's offices. They typically do not work for the medical facility. An independently contracted medical provider may be held personally accountable for damages in the event of medical misconduct. Put another way, your damages are covered by the provider's own insurance.

Hospitals and other facilities will be held vicariously accountable if the physician, nurse, or other staff member responsible for your damage was employed by the establishment at the time of the misconduct. Employers have vicarious liability, which makes them accountable for the deeds and conduct of their staff members. You may file a claim against the medical facility itself as long as the healthcare professional was paid and on the job when the negligence occurred.

Finding the appropriate entity to be held accountable is essential to your medical malpractice lawsuit. A hospital will most certainly have sufficient insurance to cover your losses, even though a single doctor might not. Here at Accident Assistance Now, we put you in touch with wrongful death attorneys who can look into your claim and identify all parties that might be held accountable. Then, on your behalf, these attorneys can file a claim in the Augusta, Georgia region against the appropriate defendant or parties.

What Can I Recover in a Lawsuit for Medical Malpractice?

At Accident Assistance Now, we recognize the extreme difficulty and trauma associated with losing a loved one as a result of another person's carelessness. Even while money will never fully replace your loss, a wrongful death case may allow you to receive compensation for the following kinds of damages:

Medical Expenses: According to Georgia law, you can be entitled to reimbursement for the medical expenses and rehabilitation fees that your loved one had before passing away.

Lost Wages: Should your loved one's injuries keep them from working, you could be able to get paid for the time they were out of the workforce. You can also pursue compensation for the loss of their prospective future earnings.

Pain and Suffering: You might be entitled to compensation for the mental and physical anguish and suffering that your loved one went through prior to their passing. Our group will put up a valiant battle to make sure you get the justice and money you are due.

Punitive Damages: In addition to other types of compensation, you might be entitled to punitive damages in situations involving extremely heinous or careless acts. Punitive damages are intended to make the guilty party answerable and discourage future instances of the same carelessness.

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When A Doctor, Pharmacist Or Hospital Causes Harm Or Death

There is a duty of care owed to patients by all healthcare practitioners, including physicians, nurses, pharmacists, and hospitals. To guarantee that they do not inflict additional harm or injury, they must abide by set standards and norms. Consult a wrongful death lawyer as soon as possible if you or a loved one has been harmed or died as a result of the carelessness or negligence of a healthcare provider or facility.

Medical negligence can take many different forms. For example, it could be the failure to identify a serious illness that could have been treated or prevented, resulting in an avoidable death or serious injury. In these circumstances, you might be able to file a wrongful death lawsuit.

Please do not hesitate to contact us if medical malpractice has harmed you or a loved one in the Augusta, Georgia, area. Our staff will help you navigate the procedure and put you in touch with knowledgeable attorneys who can defend your rights and pursue justice on your behalf.

Medical Malpractice Statistics

Shocking statistic from Johns Hopkins Medicine reveal that medical errors are the third leading cause of death in the United States, following heart disease and cancer. Alarmingly, as many as 250,000 individuals lose their lives annually due to medical errors – accounting for nearly a tenth of the population. If you have experienced the heartbreaking loss of a loved one due to medical malpractice in Augusta, Georgia, Accident Assistance Now is here to guide you through this difficult time.

Do not hesitate to contact Accident Assistance Now if you have lost a loved one in Augusta, Georgia as a result of medical negligence. We are here to help you navigate the legal system, making sure that your rights are upheld and that you get the assistance and counsel you need when we connect you with medical malpractice attorneys in Augusta, Ga.

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Compensation for Injured Patients & Their Families

Depending on the circumstances of each case, victims' families may be eligible to claim various types of damages for their loss and suffering. These include:

General Damages

These compensate for the emotional and psychological trauma experienced by the family, such as pain, suffering, loss of companionship, and diminished quality of life. While challenging to quantify, an experienced wrongful death attorney can help establish the appropriate value.

Special Damages

These cover quantifiable expenses like funeral costs, lost income or wages, and any medical bills incurred before the victim's passing. These damages are typically easier to calculate, as they are supported by documentation and financial records.

Punitive Damages

In rare cases where the responsible party's actions were particularly egregious or intentional, punitive damages may be awarded. These are designed to punish the wrongdoer and deter similar behavior in the future. However, it's important to note that punitive damages are subject to legal limits in Georgia.

Our team at Accident Assistance Now is dedicated to ensuring that families in Augusta receive the support and guidance they need during this difficult time. We will connect you with reputable medical malpractice attorneys who have a proven track record of securing fair compensation for their clients.

Why Should You File and What Compensation Is Available?

It is crucial to file a claim because it makes a medical practitioner answerable for your injuries for a number of reasons. Bringing attention to risky or negligent procedures at local health centers may help prevent other patients from experiencing the same suffering that you did. Making a claim could compel the provider to modify its practices and guidelines going forward in order to improve patient care.

Reimbursement for the expenses and losses incurred due to the defendant's negligent behavior is a further benefit of pursuing a medical malpractice claim in Augusta. A successful claim could result in compensation for multiple losses:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Lost quality of life
  • Out-of-pocket costs
  • Wrongful death damages
  • Punitive damages

You could be eligible for compensation for both economic and noneconomic damages. Economic damages are the out-of-pocket costs you had because of malpractice. Noneconomic damages are personal and intangible losses, such as emotional distress and mental anguish. You may also receive punitive damages, although these are not common. Punitive damages are awarded to punish a defendant for gross negligence or intent to harm.

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FAQ

If you were injured in an accident due to someone else's carelessness, it may be crucial to consider your legal options. When to seek advice could have a big impact on how well your case goes. You may obtain the direction you need to manage the complexities of your case and ensure that you receive the compensation you are entitled to by scheduling a free consultation with a local medical malpractice attorney through Accident Assistance Now.

Here are some frequently asked questions at Accident Assistance Now regarding medical malpractice cases in Augusta, GA:

How does the compensation process work for medical malpractice victims in Georgia?

In Augusta, GA, medical malpractice victims can seek compensation through a legal process. Here's how it typically works: To recover damages in a medical malpractice case, evidence must be provided to prove the malpractice occurred and accurately measure the costs and damages linked to the victim's injuries. The compensation can cover:

  • Additional medical treatments, surgeries, medications, and rehabilitation required due to the malpractice
  • Lost income and future earning capacity if the injury impacted the victim's ability to work
  • Pain and suffering experienced by the victim

Even minor medical mistakes can lead to long-term complications, costly treatments, ongoing pain, disability, and other harm. Common types of malpractice include failure to order proper testing, misreading lab results, premature discharge, poor follow-up care, surgical errors, and unnecessary surgeries.

To pursue a malpractice claim, the victim must have an experienced attorney who can gather expert medical opinions and testimony to support their case. The attorney will work to hold the negligent doctor, hospital or provider accountable and secure a settlement or court award to compensate the victim for their damages.

The process involves investigating the malpractice, collecting evidence, dealing with the defense tactics of medical providers, and potentially going to trial if a settlement cannot be reached. Having the right medical malpractice lawyer is critical to successfully navigate this complex process in Augusta and obtain fair compensation for medical malpractice injuries.

If you suspect you have experienced medical malpractice in Augusta, Georgia, here are the immediate steps you should take to protect your rights:

Seek Proper Medical Care
Your health and well-being should be the top priority. Seek proper medical attention immediately to mitigate any further injury or harm.

Gather Evidence
Collect and keep all medical records, bills, test results, and any other documentation related to the suspected malpractice incident. This evidence will be crucial for your case. Take detailed notes about what happened, including dates, times, names of healthcare providers involved, and a description of the negligent act or omission that caused your injury.

Avoid Signing Documents
Do not sign any documents from the healthcare provider or their insurance company without first consulting an experienced medical malpractice lawyer. Signing certain documents could jeopardize your ability to file a claim.

Contact Accident Assistance Now
Contact Accident Assistance Now as soon as possible. We will connect you with lawyers who specialize in medical malpractice cases in Augusta, Georgia. There are strict time limits (statute of limitations) for filing medical malpractice claims in Georgia, generally two years from the date of injury or death. An attorney can evaluate your case and ensure you meet all deadlines.

Expert Review
The lawyer you are connected with will likely hire medical experts to review your records and establish whether the healthcare provider deviated from the accepted standard of care, directly causing your injury.

By acting quickly, preserving evidence, and consulting with a qualified medical malpractice lawyer through Accident Assistance Now, you can protect your rights and increase your chances of receiving fair compensation for the harm suffered due to medical negligence.

Common Medical Malpractice Injuries

At Accident Assistance Now, we understand the devastating impact medical malpractice can have on individuals and their families. We connect you with lawyers who specialize in medical malpractice cases, ensuring you receive the best possible representation for your specific needs. In Augusta, GA, some common medical malpractice injuries include:

Surgical Errors

These can involve operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage during surgery. Improper treatment or misdiagnosis can lead to worsening of the patient's condition, disability, or death.

Birth Injuries

Errors during pregnancy or childbirth can result in injuries to the mother or baby, such as brain damage, cerebral palsy, or Erb's palsy.

Medication Errors

Prescribing the wrong medication, incorrect dosages, or failing to account for drug interactions can have severe consequences.

Delayed or Missed Diagnosis

Failing to diagnose a condition promptly, such as cancer or a heart attack, can allow the condition to progress and become more difficult to treat.

Infections

Unsanitary conditions, improper sterilization techniques, or negligent post-operative care can lead to infections, some of which may be life-threatening.

Anesthesia Errors

Administering too much or too little anesthesia, or failing to monitor the patient's vital signs during surgery, can result in brain damage, coma, or death.

These injuries can have devastating physical, emotional, and financial consequences for patients and their families in Augusta, GA. Consulting with a specialized medical malpractice attorney through Accident Assistance Now is crucial to seek compensation and hold negligent healthcare providers accountable.

How much does it cost to hire a medical malpractice lawyer in Augusta, Ga?

Most medical malpractice lawyers at Accident Assistance Now work on a contingency fee basis when handling cases in Augusta, GA. This means they do not charge any upfront fees. Instead, their fees are taken as a percentage (typically around 33-40%) of the final settlement or award amount if the case is successful. If the case is not won, the client does not owe any legal fees.

Key Points About Costs

  • Initial consultations are typically free of charge to evaluate your potential case.
  • The lawyer covers all upfront costs of building the case, such as obtaining medical records, hiring expert witnesses, filing fees, etc. These costs are reimbursed from the final settlement.
  • If no settlement or award is obtained, the client does not owe any legal fees or costs.
  • Contingency fees allow people to hire experienced malpractice attorneys without having to pay anything out-of-pocket initially.

At Accident Assistance Now, we connect you to lawyers who specialize in medical malpractice cases in Augusta, GA. These lawyers do not require any upfront payment from clients. Their fees are contingent upon winning the case through a negotiated settlement or court award. This contingency fee arrangement makes it financially feasible for injured patients to pursue legitimate malpractice claims without upfront costs.

How Much Is Your Case Worth?

Since every case is different, there is no typical amount for a medical malpractice lawsuit. At Accident Assistance Now, we recognize that each client is unique and that there will be variations in the possible compensation. Speaking with attorneys who focus on medical negligence is the most effective approach to ascertain the possible worth of your claim. Numerous elements could influence the potential compensation amount, such as:

Severity of Injury or Harm

The gravity of your injury or harm sustained due to medical malpractice plays a significant role in determining the compensation amount.

Age and Overall Health

Your age and overall health condition before the malpractice incident can influence the compensation amount.

Recovery Time

The duration it takes you to heal from your injuries or recover from the harm caused by medical malpractice can impact the compensation.

Medical Costs

The medical expenses associated with treating the injuries or harm caused by the malpractice will be considered in the compensation calculation.

Permanent Injury or Disability

If the medical malpractice has resulted in a permanent injury or disability, it may lead to a higher compensation amount.

Lost Earnings and Work Absence

If you have missed work or lost earnings due to the medical malpractice incident, these losses may be factored into the compensation.

Wrongful Death

In cases where medical malpractice has resulted in wrongful death, the compensation amount may be higher to account for the loss of life.

Number of Defendants and Insurance Coverage

The number of defendants involved and the amount of insurance coverage available can also affect the compensation amount.

Comparative Fault

If you are found to have any comparative fault for your losses, it may impact the compensation amount.

How long does a medical malpractice settlement take?

The time it takes to resolve a medical malpractice case and receive a settlement in Augusta, GA can vary significantly depending on several factors:

  • The complexity of the case and the amount of compensation sought. More complex cases with higher damages tend to take longer to resolve.
  • Whether the case goes to trial or is settled out of court. Cases that go to trial generally take longer, potentially over 3 years, compared to those settled through negotiations.
  • The strength of the evidence and the insurance company's willingness to settle. Stronger cases with clear evidence of malpractice may settle faster than weaker or disputed cases.
  • The court's caseload and scheduling. Busier courts may have longer wait times for hearings and trials, prolonging the process.

However, most medical malpractice cases in Georgia take at least 1 year to resolve, even for settlements. Some key points about the timeline:

  • Georgia has a 2-year statute of limitations to file a malpractice lawsuit from the date of injury.
  • Settlement negotiations often begin after the complaint is filed and evidence is exchanged, which can take 6-12 months.
  • If no settlement is reached, the case proceeds to the discovery phase and potentially trial, adding 1-2 years or more to the process.

So while some straightforward malpractice cases in Augusta may settle within 12-18 months, more complex cases going to trial can easily take 2-3 years or longer to fully resolve and receive a settlement award.

To establish if medical malpractice has occurred, a comprehensive evaluation of the medical care you received must be conducted. Medical malpractice cases can frequently be intricate, adding emotional and financial strain to an already challenging situation.

If you believe you have been a victim of medical negligence, it may be beneficial to consult with a malpractice professional who has expertise in handling complex medical cases. At Accident Assistance Now, we connect you with lawyers and law firms specializing in medical malpractice cases in the Augusta, Georgia area. Our network of legal professionals offers free case evaluations and consultations.

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Suffering an injury in an accident can create financial strain for your family, especially if the costs and expenses related to the incident aren't addressed.
By partnering with a dedicated medical malpractice Lawyer in Augusta, Georgia through Accident Assistance Now, you can relax while the claims process is managed on your behalf.
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