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Georgia Medical Malpractice – Answers to 5 Common Questions

July 10, 2019

Home » Blog » Georgia Medical Malpractice – Answers to 5 Common Questions

Medical malpractice occurs frequently in Georgia healthcare facilities and not only. Sadly, many of its victims fail to take action or fall victims of misinformation. The best solution in such cases is to consult a Georgia medical malpractice attorney. The consultation will allow medical malpractice victims to ask questions and receive the answers they need. They will also receive advice on how to approach their case. Those who wish to can hire legal representation. Those who do not are free to continue on their own.

Although each case is different, most medical malpractice victims ask the same questions. We will provide the answers to the most common ones in the following lines. For any other medical malpractice questions, do not hesitate to get in touch!

5 Frequently Asked Questions and Answers in Georgia Medical Malpractice Cases

What Is Medical Malpractice?

Any action of a healthcare provider that deviates from the accepted medical care standards and harms the patient qualifies as medical malpractice. Harm can include injury, disability, and even death. Common examples of medical malpractice include:

  • False or late diagnosis
  • Inadequate treatment
  • Failure to warn patient about associated risks
  • Treatment prescription and administration errors

Surgical malpractice cases are the most frequent in Georgia. They range from objects left in the patient’s body to various surgical errors. Anesthesia errors are frequent as well. Any instance of medical malpractice can have devastating consequences on the patient’s life.

Georgia law allows malpractice victims to seek compensation from the party that caused their harm. To actually obtain the compensation, they will need to prove the caregiver’s negligence and their related losses. This is a job for the most experienced medical malpractice lawyers in Georgia.

Can I File a Medical Malpractice Claim?

In order for a patient to be able to file a medical malpractice lawsuit, several conditions have to be met. These conditions refer less to how things happened or the patient perceived them and more to what the patient can prove. The evidence needs to show that:

  • The claimant was the patient of the healthcare provider they are seeking compensation from.
  • The healthcare provider was negligent (any reasonably competent professional would have acted differently)
  • The healthcare provider’s actions caused the patient’s injuries
  • The patient’s injuries led to the losses and damages they seek compensation for

Georgia Code section § 9-11-9.1 requires that all actions for medical malpractice include the affidavit of an expert. This is the written testimony of a competent expert identifying at least one negligent action or omission of the party at fault.

Whom Can I Sue for Medical Malpractice?

As the information above suggests, any healthcare provider may be guilty of medical malpractice. They could be a physician, a radiologist, a surgeon, a nurse, a therapist, a lab technician analyzing blood samples.

Sometimes, it is possible to seek compensation from the very facility where the patient received treatment. Suing the wrong party for medical malpractice is dangerous. Besides wasting valuable time and resources, it could bring about lawsuits for defamation. Patients will have an easier time identifying the best defendant to their claim if they consult a Georgia medical malpractice attorney.

How Much Time Do I Have to File a Medical Malpractice Lawsuit?

Georgia law sets strict deadlines for court actions, known as statutes of limitations. Generally, the statute of limitations for medical malpractice cases is of two years. However, there are several exceptions to the rule that a knowledgeable medical malpractice lawyer may be able to exploit.

It is important to note that the deadline refers to the legal formalities. The preparation of the case should begin much sooner. In fact, the sooner the patient gets in touch with a medical malpractice lawyer, the better.

What Should I Do If I Discover That I Was the Victim of Malpractice?

The best course of action for malpractice victims is to seek legal help. They should do that before discussing their suspicions with the medical personnel. The interest of every healthcare facility and professional is to protect their reputation and, respectively, their career.

To do that, they may try to alter medical records and cover up mistakes. They may also trick patients into signing right-waivers or accepting low settlements. Under such circumstances, even the best Georgia medical malpractice lawyer would have a hard time obtaining fair compensation.

Schedule a Consultation with an Experienced Georgia Medical Malpractice Lawyer Now!

Your health is important, and you should not let anyone who threatened it get away with it! You should seek compensation for your injuries and losses, and we can help! We at Joe Durham Jr. P.C. have handled and won numerous Georgia medical malpractice cases.

We can do the same for you. Just call our law office or fill in the contact form and schedule a FREE consultation! Our Georgia medical malpractice legal team will provide the information and assistance you need. If you let them, they will take care of everything and get you the compensation you deserve!