Medical Malpractice Lawyer in Macon

Georgia is ranked 16th among all U.S. states in terms of highest malpractice costs per person, per year. Unfortunately, an increasing number of Georgians are experiencing injuries and losses as a result of healthcare professionals’ negligence. Fortunately, the law allows these victims to claim compensation for their losses.

However, the procedures for doing so can be complex, which is why many victims turn to Macon medical malpractice attorneys for assistance. By working with a knowledgeable attorney, victims can pursue their rightful compensation and hold negligent healthcare providers accountable for their actions.

Our team at Joe Durham Jr., P.C. has noticed an increase in inquiries from Macon and Dougherty County residents seeking assistance with medical malpractice cases. While some clients are well-informed about their rights and the legal process, others are unsure whether their case qualifies as medical malpractice.

As a result, we take the time to review each case, provide guidance on available options, and offer informed recommendations.

One critical aspect of our initial discussions with clients involves defining medical malpractice. We believe that by providing a clear definition, clients can assess whether they have a viable case or not.

We want to ensure that our clients have all the information and advice they need to make informed decisions and move forward with confidence.

Table of Contents

What is Medical Malpractice or When to Consult a Medical Malpractice Lawyer in Macon?

Georgia law defines medical malpractice as a tort and holds healthcare professionals civilly liable for it. The law requires them to employ reasonable care and skills in their practice. Any instance of a lack of care or skill is a basis for civil action.

Victims of medical malpractice can seek compensation for their injuries or losses. To receive it, they must prove that their healthcare provider failed to follow protocol. They must demonstrate that the provider:

  • The medical provider acted differently than any reasonable person in their shoes would have acted
  • The medical provider caused the injuries and losses the claimant seeks compensation for
  • The injuries and losses justify the amount the claimant is requesting as compensation.

Victims should not wait too long to take action as it could cost them their right to compensation. We will explain why and how long they have in the following lines.

What are the Statutes of Limitations on Medical Malpractice In Georgia?

Statutes of limitations are timeframes set by the law that determine how long affected parties have to take action, whether it be seeking compensation or enforcing their rights. The length of these timeframes varies depending on the nature of the case and the state.

In Georgia, the code section 9-3-71 sets a two-year deadline for medical malpractice cases.

This clock starts running on the day the malpractice occurred. While in theory, any action taken after this deadline will be dismissed, experienced medical malpractice attorneys in Georgia may be able to extend this deadline as Georgia laws allow for exceptions.

There are exceptions to the statutes of limitations in medical malpractice cases. One exception is known as “the discovery rule” or “statute of repose,” which applies when the healthcare professional’s error remains undiscovered for some time.

In such cases, the countdown should begin on the day of discovery, but the maximum time limit is five years.

There are statutes of limitations for Medical Malpractice cases.

Another exception applies when a patient has a foreign object left inside them, such as surgical sponges or instruments. In such cases, the patient has one year from the discovery of the object to seek compensation.

There are also exceptions for patients younger than five years old or legally incompetent at the time of malpractice.

Individuals who wish to take legal action for medical malpractice after the two-year deadline has passed must provide evidence of their exceptional circumstances. Therefore, they require the assistance of a knowledgeable Georgia medical malpractice lawyer who can examine their case and determine the available options.

Commencing the legal process early is crucial to avoiding delays and achieving a favorable result. At Joe Durham Jr., P.C., we strongly encourage our clients to contact us as soon as possible. In fact, many of our clients contact us from the hospital.

We travel to them, evaluate their case, identify the defendant, and advise them on the best course of action.

Our clients can concentrate on their recovery while we work to obtain the compensation they deserve.

Defendants Medical Malpractice Lawyers in Macon May Choose for Their Claims

Georgia Code Section 9-11-9.1 specifies who can be named as a defendant in a medical malpractice claim. Depending on the case specifics and the available evidence, potential defendants may include:

  • Medical doctors
  • Therapists
  • Psychologists
  • Dentists
  • Nurses
  • Optometrists
  • Physicians
  • Physician assistants
  • Radiological therapists

However, healthcare professionals may not always be the defendant in a malpractice claim. In some cases, an experienced Macon medical malpractice attorney may advise going against:

  • The medical facility where the patient received treatment
  • The laboratory or clinic where the patient underwent blood tests or other investigations
  • A third-party service provider (equipment maintenance, cleaning and disinfection, drugs supplier)

Choosing the right defendant in a medical malpractice claim is crucial. The burden of proof falls on the claimant, so the defendant should be the party against whom the most evidence exists. Unlike other injury claims, medical malpractice claims require an expert affidavit to be included.

Medical malpractice in Macon Georgia

The Expert Affidavit and Its Importance for Georgia Medical Malpractice Lawyers

Medical malpractice claims are typically resolved in court, requiring the claimant to file a lawsuit by submitting an initial complaint. This document should outline the accusations against the healthcare professional in question.

In addition, an expert affidavit is required, which presents the professional opinion of another healthcare provider with greater qualifications and expertise than the defendant. The expert’s affidavit must identify and prove the defendant’s negligent act and breached standards.

This testimony carries weight as under-oath testimony and strengthens the claimant’s case. For instance, in a brain surgery malpractice case where the defendant is a surgeon, the claimant must provide another brain surgeon’s affidavit with higher qualifications and experience than the defendant.

If the claimant lacks an expert’s affidavit, they may request a time extension to submit one.

At Joe Durham Jr., P.C., obtaining the affidavit of expert is a top priority in medical malpractice cases. Our team understands the importance of this document in ensuring the timely acceptance of a complaint and avoiding delays in the legal process.

We work diligently to obtain the affidavit as soon as we take over a new case, drawing on our extensive network of reputable experts to provide credible and compelling testimony. Our goal is always to recover any losses our clients may have incurred due to medical negligence and to pursue the justice and compensation they deserve.

Types of Losses Georgia Medical Malpractice Attorneys May Recover for Their Clients

There are several factors that determine the value of a medical malpractice claim in Georgia, including the severity and circumstances of the malpractice, the available evidence against the defendant, and the skills and experience of the medical malpractice lawyer representing the victim.

Malpractice victims in Georgia may recover economic losses, such as medical expenses, home care, and lost wages, as well as non-economic losses, such as pain and suffering, disfigurement, and loss of joy. Additionally, the court may award punitive damages to punish intentional wrongdoing or gross negligence, with a cap of $250,000 as set by Georgia code section 51-12-5.1.

Prior to 2010, Georgia had implemented a number of non-economic damage caps which included limiting claims against a single medical facility to $350,000, capping claims against multiple facilities at $700,000, and imposing an overall non-economic damages cap of $1.05 million per case.

Nevertheless, these caps were subsequently deemed unconstitutional by the Georgia Supreme Court.

It is accurate to state that there are no longer absolute limits on the amount of compensation a claimant can receive in Georgia due to the ruling that non-economic damage caps are unconstitutional. However, the amount of compensation a claimant may receive will depend on various factors specific to their case.

At Joe Durham Jr., P.C., we have a track record of successfully obtaining impressive compensation sums for our clients. It is true that in many cases, the earlier we begin working on a case, the more benefits our clients may enjoy.

This is because early involvement can help ensure that evidence is preserved, witnesses are interviewed, and a strong legal strategy is developed from the outset.

There are several factors that determine the value of a medical malpractice claim in Georgia.

The Importance of Working with a Georgia Medical Malpractice Attorney

The resolution of medical malpractice cases in Georgia typically involves court proceedings, which must adhere to precise protocols. These procedures can be unfamiliar to individuals without legal training. However, for a seasoned medical malpractice attorney in Macon, they are routine matters.

A proficient lawyer will ensure that all the requisite procedures are executed promptly and meticulously. Additionally, they will keep their clients updated on the case’s progress, freeing them from time constraints and anxieties.

Although claimants must bear the responsibility of demonstrating medical negligence, their attorney will take charge of the process. This may involve procuring medical records, consulting with experts, and conducting depositions to obtain relevant testimony.

To summarize, a competent medical malpractice attorney can offer valuable guidance and assistance to claimants maneuvering the intricate legal system in pursuit of just compensation for their injuries.

A skilled medical lawyer in Macon will take charge of conducting their own thorough investigations, identifying and interviewing potential witnesses, estimating future losses, consulting with expert witnesses, and referencing relevant case precedents.

They will vigorously defend their clients’ interests in all circumstances and in the face of daunting challenges. This example serves to underscore the invaluable role that such an attorney can play.

For instance, suppose a healthcare professional mistakenly administered an incorrect medication to their patient, causing the patient to go into anaphylactic shock and lose consciousness. As a result, the patient’s brain was deprived of oxygen for a period of time, leaving them with partial disability.

To make a recovery, the patient will require prolonged years of therapy, rehabilitation, and diligent effort.

Under the law, the patient in the aforementioned scenario is entitled to recover all of their expenses, lost wages, and future losses resulting from the medical malpractice incident. Furthermore, they should receive compensation for the pain and suffering caused by the incident, as well as for their partial disability.

In the event that their spouse leaves them due to an inability to cope with the situation, the patient may also be able to claim loss of consortium as a form of damages.

In order to actually obtain their compensation, they will have to prove several aspects:

  • That the doctor prescribed/administered allergic treatment
  • That the doctor should have anticipated allergic response and taken preventative measures
  • That the doctor did not perform a tolerance test, failing to exercise reasonable care
  • That the Treatment caused anaphylactic shock and related consequences
  • Patient’s expenses, losses, and suffering support the value of the compensation claim.

For a partially disabled patient, navigating the complex legal system involved in medical malpractice cases can be an overwhelming and daunting task. It requires specialized knowledge about the administered treatment, safety protocols, potential side effects, and more. Additionally, it involves accurately estimating future expenses and thoroughly documenting those already incurred.

Without the assistance of a seasoned medical malpractice attorney, an inexperienced patient may feel lost and uncertain about how to proceed. However, an experienced medical attorney possesses the expertise, knowledge, resources, and contacts necessary to confidently and effectively pursue a fair compensation claim on behalf of their client.

As a general rule, cases handled by experienced medical malpractice attorneys tend to result in higher settlement amounts. Medical malpractice attorneys in Macon, GA do not accept initial settlement offers at face value. Instead, they carefully evaluate the situation, perform calculations, and negotiate with the defendant until reaching a favorable agreement.

They always prioritize their clients’ best interests and are committed to vigorously defending them against all odds.

Consult an Macon Medical Malpractice Lawyer Now!

If you have suffered injuries or losses as a result of medical malpractice by a healthcare provider, it is likely that you are feeling bewildered and unsure about your legal rights and the appropriate steps to take. Fortunately, we are here to help.

At Joe Durham Jr., P.C., we have extensive experience handling numerous malpractice cases in Macon, Georgia, and are ready to put our expertise and knowledge to work for you.

To get started, simply contact our office by phone or fill out our online form to schedule a free consultation. One of our top Macon medical malpractice attorneys will review your case, answer your questions, and provide you with the guidance and support you need to pursue your claim.

If you choose to retain our services, we will handle all the necessary formalities and work tirelessly to secure the compensation you are entitled to.

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