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Best Medical Malpractice Lawyers in Sandy Springs

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Bey & Associates, LLC logo
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Bey & Associates, LLC

191 Peachtree Street Northeast, Atlanta, GA 30303
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Business Description

Bey & Associates LLC is a legal practice in the Sandy Springs metro that provides counsel to plaintiffs in medical malpractice lawsuits. Specific case types the practice handles include wrongful death, injury or death due to faulty medical equipment, physician negligence, nursing errors, and nursing home abuse and neglect. In practice for over 20 years, the firm has a proven track record of successful verdicts and settlements, and it advocates for every client to receive full and fair compensation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Bronsted logo
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Bronsted

6065 Lake Forrest Dr NW STE 200, Atlanta, GA 30328
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  • Wrongful Death

Business Description

Bronsted is a personal injury firm that provides legal representation to individuals, families, workers, and consumers in Sandy Springs and the neighboring towns. It assists clients suffering from injuries caused by medical malpractice, automobile accidents, premises liability, negligent security, and even wrongful death caused by the negligent actions of a third party. Its legal team is multilingual in English, Croatian, German, Serbian, Russian, and Spanish. Aleksandra H. Bronsted founded the firm in 1993. She is a member of the State Bar of Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.2 / 5 (13)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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CP Law Group logo
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CP Law Group

5901 Peachtree Dunwoody Rd. NE, Suite A-310, Atlanta, GA 30328
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  • Wrongful Death

Business Description

Since 2015, CP Law Group has been fighting for the rights of injured victims in Sandy Springs and neighboring areas. It helps clients file medical malpractice claims after suffering from further illness or injury due to the negligence of doctors, nurses, and other healthcare providers. It also handles claims involving automobile accidents, premises liability, and dangerous products. Managing partner Prince Njoku has prior experience working on the defense side for pharmaceutical and insurance companies, giving him valuable insight into an effective prosecution strategy.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.2 / 5 (147)
Davis Adams logo
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Davis Adams

2275 Marietta Blvd., NW, Suite 270-388, Atlanta, GA 30318
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  • Medical Malpractice
  • Birth Injuries
  • Assisted Living Home Neglect
  • Emergency Room Negligence

Business Description

Davis Adams is a law firm specializing in medical malpractice cases in Sandy Springs. Its attorneys handle a wide variety of medical misconducts like anesthesiology, neurology, orthopedic, and surgery malpractice. They help individuals with brachial plexus, IV extravasation, and birth injuries. In addition, they tackle misdiagnosis of cancer, diabetic ketoacidosis, and meningitis. Davis Adams also deals with assisted living facility and personal care home negligence. Over the last 13 years, it has helped clients in 44 states obtain over $100 million in compensation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (47)
Facebook
5.0 / 5 (3)
DelCampo Grayson Lopez Attorneys at Law logo
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DelCampo Grayson Lopez Attorneys at Law

5455 Chamblee Dunwoody Road, Dunwoody, GA 30338
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Business Description

DelCampo Grayson Lopez Attorneys at Law serves individuals and families in Sandy Springs involved in medical malpractice cases. Its team of lawyers safeguards injury victims' rights to receive compensation for damages due to errors while obtaining medical treatment. They also represent clients involved in car accidents, premises liability, truck accidents, and other personal injury cases. One attorney of the firm, J. Antonio DelCampo, is a former judge and served as the Hispanic National Bar Association's regional president.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
5.0 / 5 (9)
Facebook
4.7 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Ellerin Law Firm logo
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Ellerin Law Firm

1050 Crown Pointe Parkway, Dunwoody, GA 30338
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Business Description

Irwin M. Ellerin of Ellerin Law Firm is a medical negligence lawyer near Sandy Springs who represents clients in medical malpractice cases. Mr. Ellerin has over 30 years experience in advocating for victims of negligence, and he has a proven record of successful case settlements. Cases the firm handles include failure to diagnose, wrongful death, catastrophic brain injuries, nursing home abuse and neglect, surgical errors, spinal cord injuries, and serious personal injury due to physician error.

Feldman & Associates, P.C. logo
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Feldman & Associates, P.C.

1820 The Exchange Southeast, Atlanta, GA 30339
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Business Description

Monroe J. Feldman of Feldman & Associates PC is a medical negligence lawyer near Sandy Springs who assists clients in filing malpractice and negligence claims against medical professionals. Attorney Feldman has over 30 years experience in personal injury law, and all of the firm's attorneys work directly with clients. Cases the firm handles include wrongful death, injury caused by faulty medical devices or products, serious personal injury due to nurse or physician negligence, and hospital accidents.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Flynn & Gottlieb P.A logo
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Flynn & Gottlieb P.A

800 Johnson Ferry Road, N.E. Ste 102, Atlanta, GA 30342
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  • Wrongful Death

Business Description

Flynn & Gottlieb P.A is an Atlanta-based firm that represents clients across Sandy Springs. It primarily manages personal injury cases and advocates for victims of medical malpractice. The firm pursues compensation for clients against liable healthcare professionals for a range of acts that constitute substandard medical care, from prescription errors to misdiagnosis. Its principal attorney, Edward “Ned” Flynn III, is a Georgia Trial Lawyers Association member. He has successfully tried cases before the state's Supreme Court and Court of Appeals.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Avvo
5.0 / 5 (14)
Google
4.5 / 5 (6)
Law Office of Nicholas P. Martin logo
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Law Office of Nicholas P. Martin

1742 Mt. Vernon Rd. Suite 300, Dunwoody, GA 30338
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  • Wrongful Death

Business Description

The Law Office of Nicholas P. Martin delivers legal representation to the residents of Sandy Springs. It offers counsel in wrongful death cases stemming from medical malpractice, nursing home abuse, slip and fall, premises liability, and violent assault. The firm also handles accidents involving pedestrians, bicycles, and motor vehicles. It has recovered over $6 million for its clients in personal injury lawsuits. The practice’s attorney, Nicholas Martin, has more than 10 years of legal experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (22)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices Of Villard Bastien, LLC logo
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Law Offices Of Villard Bastien, LLC

200 Ashford Center N Ste 215, Atlanta, GA 30338
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  • Wrongful Death
  • Medical Malpractice
  • Nursing Home Neglect

Business Description

The Law Offices Of Villard Bastien, LLC, offers legal representation to individuals and families in Sandy Springs and the Atlanta Metro area. The primary attorney handles personal injury cases that involve medical malpractice, nursing home abuse, wrongful death, and slip and fall. He serves as an advocate during the process, providing personalized strategies and solutions. Bastien also participates in pro bono activities, including serving as a member of the Community Assistance Center of Sandy Springs. He can communicate in English, French, and Spanish.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
5.0 / 5 (4)
Avvo
5.0 / 5 (3)
Miles Mediation & Arbitration logo
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Miles Mediation & Arbitration

115 Perimeter Center Place, Atlanta, GA 30346
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Business Description

Miles Mediation & Arbitration offers counsel and advice for patients who are facing medical malpractice injuries. The medical and nursing malpractice team works to mediate an agreement between the client and the at-fault party to streamline the claim system and resolve the situation amicably prior to going to court or otherwise reaching a settlement. The team is made up of trial attorneys with a wealth of courtroom experience to leverage during negotiations.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
4.8 / 5 (38)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Nall & Miller, LLP logo
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Nall & Miller, LLP

235 West Peachtree Street Northwest, Atlanta, GA 30303
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Business Description

Nall & Miller LLP is a legal firm based in the Sandy Springs metro area that provides defense services to physicians, surgeons, nurses, and other health professionals involved in medical malpractice or negligence lawsuits. The firm has tried multiple cases to defense jury verdicts, and it handles cases that include HIPAA breaches, professional negligence, and intentional torts. In addition to trial defense, the firm advises clients on current and updated health care regulations and risk management practices.

Princenthal, May & Wilson logo
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Princenthal, May & Wilson

750 Hammond Drive Building 12, Suite 200, Sandy Springs, GA 30328
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  • Wrongful Death

Business Description

Princenthal, May & Wilson, helps clients in Sandy Springs who were injured as a result of the negligence of a medical professional or health care facility. It helps individuals receive compensation for their injuries after an instance of medical malpractice, such as misdiagnosis, medication error, and surgical error. It handles wrongful death cases caused by medical professionals who failed to provide standard treatment. The founding member Adam Princenthal is a member of the Multi-Million Dollar Advocates Forum for recovering tens of millions of dollars in settlements.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (29)
Avvo
5.0 / 5 (4)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
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Detail
Ragland Law Firm, LLC logo
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Ragland Law Firm, LLC

115 Perimeter Center Pl, Atlanta, GA 30346
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  • Medical Malpractice

Business Description

Serving Sandy Springs, Ragland Law Firm, LLC, is a private practice that offers legal assistance to victims of medical malpractice incidents, such as negligent administration of anesthesia, improper surgery, misdiagnosis, and sexual misconduct by physicians. Since its inception in 2004, it has recovered more than $45 million in settlements and verdicts for its clients. In one of its lawsuits, it won a settlement worth $7 million for the plaintiff who suffered a stroke due to a medication error.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.3 / 5 (17)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
Stokes & Kopitsky, P.A. logo
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Stokes & Kopitsky, P.A.

1201 Peachtree Street Northeast, Atlanta, GA 30361
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Business Description

Gregory M. Stokes of Stokes & Kopitsky PA is a medical malpractice attorney near Sandy Springs with over three decades of experience in personal injury law. The firm assists clients in filing malpractice claims against physicians, nurses, surgeons, and other medical professionals. Practice areas include wrongful death, brain injuries, accidental death, spinal cord injuries, and other severe injuries brought on by medical negligence. Mr. Stokes is a graduate of John Marshall Law School, and he is a member of the Georgia Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Stone Law Group Trial Lawyers, LLC logo
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Stone Law Group Trial Lawyers, LLC

5229 Roswell Road NE, Atlanta, GA 30342
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Stone Law Group Trial Lawyers, LLC, is a plaintiff litigation firm that serves the Sandy Springs area. Its team of trial attorneys handles medical malpractice cases, covering those that involve misread X-ray results, dental mistakes, childbirth errors, and delayed diagnosis. They also represent wrongful death victims and clients who suffered maternal injuries. Founding member William Sims Stone was admitted to practice in 1977. He is a Life Member and former president of the Georgia Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (12)
Google
5.0 / 5 (9)
Facebook
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Mabrey Firm, P.C. logo
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The Mabrey Firm, P.C.

5447 Roswell Rd, Atlanta, GA 30342
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  • Medical Malpractice

Business Description

The Mabrey Firm P.C. stands up for the rights of injured individuals in Sandy Springs and the surrounding areas. Its attorneys handle medical malpractice claims involving misdiagnosis, wrong medications, surgical mistakes, and misreading of laboratory test results. In addition to medical negligence, the team deals with personal injury cases arising from car collisions, slips and falls, and trucking accidents. One of the firm's founding partners, John G. Mabrey, has over 30 years of experience and is board-certified by the ABPLA.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.5 / 5 (182)
Facebook
4.5 / 5 (57)
Yelp
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Moses Firm logo
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The Moses Firm

3340 Peachtree Rd. NE, #2570, Atlanta, GA 30326
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  • Medical Malpractice
  • Personal Injury

Business Description

The Moses Firm represents injured plaintiffs in Sandy Springs and the surrounding metros. Its attorneys represent clients who are victims of healthcare providers' negligence, such as birth injuries, failure to diagnose, medication errors, and surgical errors. Having previously defended companies, doctors, hospitals, and business owners, founding partner Moses Kim has learned how to recover maximum compensation for his clients. Other practice areas the firm handles are car & truck accidents, premises liability, and wrongful death.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (39)
Avvo
5.0 / 5 (21)
Facebook
5.0 / 5 (8)
The Olson Law Firm, LLC logo
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The Olson Law Firm, LLC

6100 Lake Forrest Drive, Suite 570, Atlanta, GA 30328
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  • Wrongful Death
  • Medical Malpractice
  • Birth Injuries
  • Nursing Home Neglect
  • Surgical Mistakes

Business Description

The Olson Law Firm, LLC, offers legal representation to victims of medical malpractice in Sandy Springs. Its primary attorney, Erik Olson, has been in practice for more than 20 years. He handles medical malpractice claims that involve anesthesia and surgical errors, birth and spinal injuries, and nursing home abuse. Olson also takes on motor accidents, personal injury claims, and business litigation. Through his service in the local community, he has received the Volunteer of the Year Award for the Truancy Intervention Project.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
The Tolson Firm LLC Attorneys At Law logo
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The Tolson Firm LLC Attorneys At Law

2971 Flowers Road South, Suite 265, Atlanta, GA 30341
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  • Medical Malpractice

Business Description

The Tolson Firm LLC was founded to address the legal concerns of individuals and families in Sandy Springs and the Atlanta area. It focuses on handling medical malpractice claims, including cases of birth injuries, anesthesia errors, emergency room negligence, misdiagnosis, and surgical mistakes. The firm also represents clients who experienced instances of medical malpractice in Kaiser hospitals. The law office's founder and managing partner, Audrey Tolson, spent the first 12 years of her legal career with the Cochran Firm Atlanta.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.4 / 5 (12)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Torris J. Butterfield and Associates, P.C. logo
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Torris J. Butterfield and Associates, P.C.

50 Hurt Plaza Southeast, Atlanta, GA 30303
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Business Description

Torris J. Butterfield of Torris J. Butterfield and Associates PC is a medical malpractice attorney near Sandy Springs who represents individuals who are injured due to the negligence of medical professionals. Attorney Butterfield works closely with clients to build strong cases that prove medical negligence, and he calculates potential damages based on medical costs, pain and suffering, and future injury-related expenses. The firm handles malpractice cases at both state and federal levels, and it represents clients in jury trials and through alternative dispute resolution.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Avvo
4.5 / 5 (19)
Google
3.9 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Watkins, Lourie, Roll & Chance, PC logo
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Watkins, Lourie, Roll & Chance, PC

5607 Glenridge Drive Building 2, Suite 500, Atlanta, GA 30342
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Watkins, Lourie, Roll & Chance, PC, is a personal injury firm that serves the Sandy Springs area. It handles medical malpractice lawsuits and represents victims of post-operative infections, birth injuries, surgical errors, and anesthesia mistakes. Its legal team works with medical specialists, who aid in evaluating cases and establishing negligence. The attorneys also handle nursing home abuse and wrongful death claims. Joseph Watkins, one of the firm's lawyers, is a former president of the Georgia Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
5.0 / 5 (11)
Yelp
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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