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We all rely on skilled medical professionals to diagnose and treat a wide range of illnesses and injuries. And for the most part, Georgia’s doctors, nurses, and other health care providers do everything in their power to provide expert care. Yet mistakes can and do happen. And when they do, it is the patients and their families who suffer the consequences.
The Georgia medical malpractice lawyers at Lourie, Chance, Forlines, Carter & King, PC, can provide you with legal advice and representation if you, or someone whom you care about, has been injured or killed by an act of professional healthcare negligence. Medical malpractice laws are quite complex and require plaintiffs to jump through a number of hoops that are not common to other kinds of personal injury claims. That is why it is especially crucial to work with attorneys who will sit down and explain the process to you as well as present you with all of your options for seeking compensation for a medical injury.
We know that money alone cannot undo the damage done by a medical error or mistake. But by working through the legal system, we can try to obtain some measure of civil justice for you and your family. No health care provider should ever feel as if they are above the law or that their mistakes should simply be written off as a medical statistic.
How Medical Negligence Leads to Patient Harm in Georgia
Under Georgia law, any licensed professional who practices surgery or another form of medicine for compensation must exercise “a reasonable degree of care and skill” when caring for patients. An injury resulting from a lack of such care and skill is considered a personal injury or tort, and the victim is entitled to seek compensation for their damages arising from the health care provider’s actions.
Essentially, medical malpractice is negligence that results in patient harm. This means that even if a doctor or nurse makes a mistake as defined by the standards of their profession, the patient must still prove that they suffered some sort of loss as a result of that negligence. Some of the more common types of medical malpractice that we see in Georgia include:
- Anesthesia Errors: Anesthesiologists provide care in a wide range of medical settings ranging from surgical theaters to spas. Errors or mistakes in administering anesthesia can result in serious side effects, including paralysis, brain damage, and even death.
- Birth Injuries: Some of the most common victims of medical malpractice are children simply striving to be born. Mistakes made during the delivery of a newborn can lead to developmental disabilities, learning disabilities, and potentially death of the child and the mother.
- Failure to Diagnose: While people often tend to associate medical malpractice with mistakes made in providing treatment, it is actually just as likely that a patient will suffer harm because of a provider’s failure to properly diagnose their condition. For example, a radiologist may misread an X-ray and miss a potential cancer diagnosis. Or a doctor failed to order an EKG that would have revealed a patient suffered a heart attack.
- Surgical Errors: We have all heard horror stories about things that can go wrong even during a “routine” surgical procedure. Some of the more egregious examples include leaving surgical instruments inside of a patient, operating on the wrong patient or body part, and patients developing post-op infections due to improper care.
This is, of course, not an exhaustive list of all potential medical malpractice claims, only some of the more common cases that we see in our practice. In fact, anyone who has sought and received medical care can be the victim of malpractice. That is why it is essential to consult with a Georgia medical malpractice attorney anytime you believe a healthcare provider’s error has harmed you in some way.
What Is the Process for Filing a Medical Malpractice Lawsuit in Georgia?
Bringing a medical malpractice claim is not like other kinds of personal injury cases. There are special rules imposed by the Georgia legislature. Here are two of the more important rules that you need to know about:
Statute of Limitations
Just about any kind of civil lawsuit is subject to a filing deadline known as the statute of limitations. For medical malpractice cases, Georgia’s statute of limitations is 2 years from the date on which “an injury or death arising from a negligent or wrongful act or omission occurred.” In many cases, this simply means 2 years from the date of the act of malpractice. But it is also possible that a victim will not start to suffer the effects of the malpractice until a later date. In that case, the limitations period is generally 2 years from when the patient knew or should have known there was a problem.
There is also a 5-year statute of repose in Georgia medical malpractice cases. This means that no medical malpractice claim can be brought more than 5 years after the date of the alleged medical error, regardless of when the patient learned about it. There is an exception to the statute of repose, however, for malpractice claims based on a surgeon leaving a foreign object inside of a patient’s body. Those victims can still file a lawsuit within 1 year after the negligence is discovered.
Affidavit of Expert
It is not sufficient for a medical malpractice victim to simply file a complaint alleging negligence. Georgia law requires the victim’s complaint be accompanied by an affidavit prepared by a qualified medical expert. This expert must practice in the same field as the health care provider being sued. The affidavit must identify at least one negligent act that, in the expert’s opinion, caused harm to the patient. Without a proper affidavit of expert, a Georgia court will dismiss a medical malpractice lawsuit.
Contact Our Georgia Medical Malpractice Lawyers Today
Victims of medical malpractice can seek a wide range of economic and non-economic damages under Georgia law. This includes compensation for the victim’s additional medical bills, loss of income, and pain and suffering. So if you need to speak with an experienced and compassionate Georgia medical malpractice attorney, contact Lourie, Chance, Forlines, Carter & King, PC, today to schedule an initial consultation.