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Seeking compensation for medical malpractice is a complicated process, even more so than many other personal injury situations. For example, if you have a car accident, you can file an insurance claim yourself (although you are more likely to receive a fair settlement with an attorney). But there are specific rules for filing a medical malpractice lawsuit in Georgia.
First, you need to determine if what happened to you meets the criteria for medical malpractice. Merely having a bad outcome, upsetting as this may be, isn’t proof of malpractice. Sometimes doctors do everything right, and patients get worse or have complications despite their best efforts. Even making a bad call isn’t necessarily medical malpractice. If your lawsuit isn’t dismissed early in the process, you will have to show that your doctor failed to meet the typical “standard of care.” That means they made a significantly different choice than other Georgia doctors would have made in the same situation, resulting in you suffering damages.
One requirement of filing a medical malpractice suit in Georgia is including an affidavit, signed by a medical expert willing to testify in the case, stating the defendant committed at least one act of malpractice. This means it will be necessary to find a medical expert who agrees that you were the victim of malpractice. Your Georgia medical malpractice attorney will find an appropriate medical expert to review your case and give their opinion on whether malpractice occurred.
What Do Medical Malpractice Lawyers Do to Get Me the Settlement I Deserve?
Your medical malpractice attorney will assist you in multiple ways. First, they will investigate your case and gather as much evidence as possible to show that malpractice occurred. They may begin by reading your medical records, requesting a review by a medical expert, talking to witnesses, etc.
Your lawyer will also help you figure out what party or parties you should name in the lawsuit. This is surprisingly more complex than it might seem to someone who’s never been involved in a malpractice suit before. You might think, “My doctor messed up, that’s who I need to sue.” But it isn’t always that simple. Sometimes, you may be correct, but in other cases, there is more evidence against the healthcare facility, another healthcare provider (including nurses, anesthesiologists, and other healthcare workers), a pharmaceutical company or medical device manufacturer, a pharmacist, or occasionally other parties. In certain cases, there may be more than one potential defendant, or we may need to file suit against the insurance provider for one or more parties.
It’s helpful to remember that a malpractice lawsuit is not a quick process in most cases. Your lawyer will file motions in the case and request records and other evidence during the discovery phase of a trial. They will also try to negotiate with the defendant’s lawyers or insurance company to reach a speedier resolution. In many cases, we can arrange a fair settlement for the client, so they don’t have to go through the time, expense, and stress of a trial. However, sometimes the other party won’t agree to an equitable settlement, and when that happens, we’re prepared to argue your case in court.
How Long Do You Have to File a Malpractice Lawsuit?
In most cases, you have two years from the date of your injury to file a lawsuit. The clock does not necessarily begin to run the day you received treatment from a doctor unless your injury also happens on that day. For example, if your doctor performs a procedure incorrectly, and you start bleeding internally and collapse a month later, the clock would start when you began bleeding from the botched surgery.
Georgia law carves out one exception for foreign body cases or situations where a surgeon leaves a foreign body (like a clamp or sponge) inside a patient during surgery. Unfortunately, some patients may be in pain for months or years before the abandoned object is discovered and removed. For this reason, you have one year from the date of discovery to file a lawsuit.
Georgia’s statute of repose in medical malpractice cases is five years, which means that you lose your right to sue five years after the date of your injury, even if the malpractice hasn’t been discovered yet. If you even suspect malpractice, we suggest talking to a lawyer before five years have passed. They may be able to help you determine what happened and whether you have grounds for a malpractice suit.
In cases involving minors, the statute of limitations can’t run out before a child turns 7, and the statute of repose is extended until the child turns 10.
Can You Still Sue If You Signed a Consent Form?
If you have evidence of medical negligence, yes. A consent form simply means that you consented to the treatment or procedure and were informed of possible risks. It does not mean that the doctor can do whatever they want – they are still required to provide treatment in line with the standard of care for your condition. For example, your doctor might warn you that there is a risk of infection when you have an operation, and you might decide to do it anyway. But that doesn’t mean it’s all right for the doctor to operate with their bare hands, refuse to wear a mask in the operating theater, or ignore other standards of care designed to minimize the risk of infection.
Do I Have to Pay a Retainer for the CEO Lawyer Personal Injury Law Firm to Help with My Malpractice Lawsuit?
No, we work on a contingency basis only. Your initial consultation is always free at the CEO Lawyer Personal Injury Law Firm. If we don’t believe there is enough evidence to support a lawsuit, it won’t cost you anything to find out. If we do find that your case meets the criteria for medical malpractice and you want to proceed, there are no upfront charges. You won’t pay us anything unless and until we successfully settle or win your case, so please contact us today to learn more about your options.