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Medical negligence occurs when a healthcare provider either takes an action or doesn’t take an action in a way that differs from the usual standard of care. If this leads to injury for the patient, they may be able to file a medical malpractice claim based on this negligence. In some cases, you may file a claim against a hospital or other healthcare business, but you can also sue the provider.
How to Sue a Hospital or Healthcare Provider
The first step you’ll need to take is to engage the services of a medical negligence attorney to move forward with a lawsuit. Medical malpractice cases are complex and require the knowledge of an experienced personal injury lawyer. Ideally, you should start with a law firm that offers free consultations, like the CEO Lawyer Personal Injury Law Firm. If your case lacks evidence or has other challenges that may make it very difficult to win, you can find out without paying any fees. When we take your case, we still don’t charge any fees until we settle it, so there are no up-front costs for you.
Gathering Evidence of Medical Negligence
Once you have a lawyer, they will collect as much evidence as possible to support your claim, starting with your medical records, your recollections of what happened, and sometimes interviews with witnesses, like family members who were with you in the healthcare facility. If your attorney recommends filing a lawsuit, they may gather more information during the discovery phase, where both sides exchange evidence. At this point, your lawyer may take depositions from the healthcare providers or other staff involved with your care, or speak with other medical experts about your condition and how the negligence harmed you.
Medical Negligence and Insurance
Filing a lawsuit isn’t always necessary in a medical malpractice case. In fact, most of the time we’re able to negotiate a medical malpractice settlement with the insurance carrier responsible for malpractice insurance. Although the state of Georgia doesn’t require providers to carry malpractice insurance, most hospitals and healthcare facilities do, so we usually begin by making a claim with the insurer.
Of course, as with car accidents and other types of negligence, the insurance company is often reluctant to pay your claim. The hospital and involved staff members would also prefer the insurer deny your claim, because a payout will probably result in higher premiums. The hospital and/or provider will also usually believe that they weren’t negligent. They may argue that your injury was not caused by the care you received or suggest it was your fault. Your attorney will work to overcome these objections in negotiations with the insurance carrier or court.
If the insurer flatly refuses to agree on an equitable settlement, we will proceed to file a lawsuit against the insurer, the healthcare provider, or the hospital itself. However, in many cases, we’re able to work things out with the insurance carrier. Sometimes when the insurance adjuster is confronted with the amount of evidence we have in your favor, they may want to avoid a trial more than they want to avoid paying your claim. In either situation, building a strong claim based on evidence is essential, which is why we put our investigative team on your case right away.
The “Affidavit of Expert” Requirement in Georgia
If you file a lawsuit, you will need to include an affidavit from a qualified medical expert who has reviewed your case, stating that at least one negligent act was performed by the healthcare provider. Complaints filed without this affidavit won’t be heard in court, although the judge may allow you to obtain an affidavit and refile. In some cases, your attorney may ask the court for an additional 45 days to meet this requirement, especially if you are close to the two-year statute of limitations and have only recently retained a lawyer.
The Statute of Limitations on Medical Negligence
Georgia laws set out a two-year statute of limitations for most medical malpractice claims, with a hard limit of five years in almost all cases. One exception is if a surgeon leaves a foreign body, like a surgical sponge or tool, inside a patient after an operation. When this happens, you have one year to file a medical malpractice claim after the foreign body’s location is discovered.
Because of these time limits, we recommend seeking legal advice right away if you even suspect a medical mistake caused you harm.
Proving Medical Negligence in a Hospital Malpractice Lawsuit
All personal injury claims start with demonstrating that the defendant (the person or entity you are suing) had a duty of care toward you. In most situations, this may mean that a person or business has a duty to avoid dangerous behavior or hazardous situations that could harm someone. In medical negligence cases, healthcare providers are expected to live up to a “medical standard of care.” Generally, this means they have a duty to offer the same level of care as any reasonable medical professional with similar training and a similar area of practice. Your attorney will spend time establishing this level of care and working to show how your hospital failed to provide it.
The other essential element in a medical negligence case is showing the connection between the doctor’s failure to meet the medical standard of care and your injury. Your lawyer may go over your medical records, take testimony from experts, and pursue other evidence to make it clear that the medical negligence you experienced caused your injuries.
Find a Lawyer for Hospital Negligence: Contact a CEO Lawyer Personal Injury Law Firm Medical Negligence Attorney
If you or a loved one has been harmed by hospital or healthcare provider negligence, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation by calling 833-254-2923. You can also find out what your case is worth by visiting us online. There’s no obligation, and our no-win, no-fee policy means you won’t have to pay anything up-front. We’re happy to answer your questions and explain the possible next steps for your case.