Georgia Medical Malpractice Attorneys
You have rights as the victim of a medical mistake or error, and a Georgia medical malpractice lawyer at Blasingame, Burch, Garrard & Ashley, P.C. can help enforce them. Please contact our office to schedule a free consultation about your specific circumstances, and read on for some important information about medical malpractice cases. Fill out our online form or call today: (706) 354-4000
Best Medical Malpractice Lawyers Serving Georgia
Healthcare providers are not miracle workers, but we do expect them to deliver medical services in accordance with accepted standards of care in the profession.
When they do not comply with this legal duty, the resulting injuries to patients can be catastrophic.
For immediate assistance, please contact us online or call (706) 354-4000 today for a free consultation with one of our Georgia medical malpractice attorneys.
What is Medical Malpractice Under Georgia Law?
Healthcare providers have a duty to provide treatment in accordance with acceptable standards of care, which are measured by how a practitioner would treat a patient when faced with the same set of circumstances.
The medical provider should consider factors such as a patient’s age, overall health and condition, as well as the provider’s specialty area, and other issues.
If they fail to do so, providers can be liable for the losses that result from a patient’s injuries, including:
- The costs of medical care to return the victim to health after suffering bodily harm from medical malpractice, such as surgery, outpatient procedures, prescriptions, physical therapy, and other treatments;
- Lost wages, if a patient cannot work, either permanently or temporarily;
- Pain and suffering;
- Diminished quality of life;
- Emotional distress; and,
- Many other types of losses.
How Can I Prove a Medical Malpractice Claim?
There are a number of things to prove in a Georgia medical malpractice case. There can be very complicated questions in a medical malpractice case because much of the claim relates to highly technical, scientific evidence.
Proving that the provider did not comply with the appropriate level of care requires a showing of what that level is under the same or similar circumstances.
It is also tough to establish the causal connection between the physician’s carelessness and injuries to the victim.
In most medical malpractice cases, medical experts are critical to proving the essential elements. Medical malpractice attorneys rely on physicians to provide support, both in preparation for trial and in providing testimony in court.
Is There Anything Else I Need to Prove?
It is necessary to show that the doctor’s failure to comply with standards of care actually caused your injuries.
There can be challenges with this aspect of medical malpractice because, when a patient is already sick or injured, there may be questions regarding how the provider’s conduct affected the medical harm.
For instance, if a person already has terminal cancer, it can be difficult to prove that a doctor’s incompetent actions caused death.
What are Some Common Examples of Medical Malpractice?
While every case is unique, medical errors tend to occur in certain situations.
Providers may deviate from the acceptable standards of care where they:
- Delay diagnosis of a condition that requires immediate attention;
- Misdiagnose an illness, leading to unnecessary and sometimes dangerous treatment;
- Perform surgery at the wrong site, such as the right leg instead of the left;
- Operate on the wrong patient, which typically leads to unnecessary surgery for one victim and a delayed procedure for the other;
- Leave a device, sponge, or surgical instrument inside the patient;
- Puncture or perforate internal organs or nerves during surgery;
- Fail to administer proper levels of anesthesia, either providing too much or too little;
- Do not account for a patient’s prior medical history, medication allergies, or other factors;
- Engage in other acts of incompetence.
Does Georgia Have a Statute of Limitations on Medical Malpractice?
Yes, under Georgia’s statute of limitations, you must file a lawsuit for medical malpractice within two years after the date the injury occurred.
The clock starts running on the date that you were injured by a medical mistake, surgery error, delayed diagnosis, misdiagnosis, or other error.
However, due to the unique nature of medical malpractice claims, you may not even discover any physician negligence until after the statute of limitations has expired.
For these types of situations, Georgia also has a statute of repose, which extends the amount of time you can file a claim against a medical professional to five years.
Considering the statute of limitations and the statute of repose, it is important to take action quickly to preserve your rights.
Will a Medical Malpractice Case Take a Long Time?
The timeline of proceedings in a medical malpractice claim depends upon numerous factors, so it is difficult to provide an accurate estimate on how long it will take to resolve. Pre-trial motions and discovery are the more time-consuming aspects of a medical malpractice case.
Resolving your claim could take 18 months or as many as three years, but many lawsuits may last longer, especially in the event of an appeal.
How Can a Georgia Medical Malpractice Lawyer Help Me?
Not only is hiring an experienced medical malpractice attorney in Georgia helpful, but it can make or break your medical malpractice claim.
Our lawyers at Blasingame, Burch, Garrard & Ashley, P.C. will guide you through:
It is necessary to gather medical records related to a malpractice case and determine a strategy for pursuing your rights. We work with medical and other experts to evaluate your condition, treatment, and prognosis.
There may be an opportunity to settle a medical malpractice case with the provider’s insurance provider, which means you need an experienced attorney at your side to protect your interests.
Filing a Medical Malpractice Lawsuit
Since the majority of claims proceed to litigation, it may be necessary to sue the negligent provider that caused your injuries. Our legal team will assist with filing a complaint in court, supported by affidavits, medical documentation, and other paperwork.
Once you sue for medical malpractice in Georgia, we will handle additional court proceedings, discovery, pre-trial motions, status conferences, and other hearings.
The medical malpractice insurance company that covers the physician will go to great lengths to protect its interests. Our attorneys have extensive experience up against the legal teams that represent physicians.
Schedule a Consultation with a Georgia Medical Malpractice Attorney
Our medical malpractice lawyers at Blasingame, Burch, Garrard & Ashley, P.C. have the experience and knowledge necessary to recover the compensation you deserve for your injuries.
Please call our office at (706) 354-4000 to schedule a free consultation or contact us using our online form for more information about our legal services to medical malpractice victims throughout Georgia, including Atlanta, Athens, Alpharetta, Augusta, and surrounding areas.
FAQs Answered by Our Georgia Medical Malpractice Attorneys
How Long Do You Have to File a Medical Malpractice Lawsuit in Georgia?
Georgia law requires injured parties to bring a medical malpractice lawsuit within two years after the date that the act or omission leading to the injury occurred. Exceptions may apply that lengthen or shorten the statute of limitations. In most cases, plaintiffs are barred from filing a lawsuit once five years have passed since the date of the injury-causing act or omission.
Experienced Georgia medical malpractice attorneys can help you understand when you need to file a claim against the at-fault doctor or hospital.
What Compensation Can You Recover in a Georgia Medical Malpractice Lawsuit?
Victims of medical malpractice can recover economic and noneconomic damages. Economic damages compensate you for financial losses caused by an injury, such as medical expenses, lost wages, and prescription costs. Noneconomic damages include compensation for the emotional and social cost of the injury, like pain and suffering and loss of consortium.
Maximize the compensation you can receive for your injury by hiring the best medical malpractice lawyers in Georgia.
What Constitutes Medical Malpractice in Georgia?
Medical malpractice occurs when a healthcare provider causes harm to a patient because of a failure to follow generally accepted medical standards under the circumstances. The decisions made by the healthcare provider are considered in the context of when the decision was made and what patient-related factors existed.
Hiring the best medical malpractice lawyers in Atlanta, Georgia is beneficial because they can help you gather the evidence you need to prove your claim.
Which Are the 4 Phases of a Medical Malpractice Lawsuit?
The four phases of a medical malpractice lawsuit include filing a lawsuit, discovery, settlement negotiations, and trial.
First, you have to file your lawsuit. It is best to consult with an attorney to help you determine if you are eligible to bring a lawsuit and to identify important filing deadlines. During the discovery phase, the parties gather pertinent information and records, including interviewing witnesses under oath.
The settlement negotiations phase is when the parties attempt to settle the case without going to trial. It can occur at any stage of the claim before trial. The trial phase is when the parties and their GA medical malpractice lawyers present their arguments and evidence, including calling witnesses to the stand. When the trial ends, the judge (if it’s a bench trial) or jury (if it’s a jury trial) makes a decision.