Columbus Medical Malpractice Lawyer
Whenever a person visits any medical professional, whether they be a doctor, dentist, or nurse, they expect to receive a certain standard of care.
When this standard of care falls below what is acceptable in the medical community, the injured person may have a claim for medical malpractice. These claims can be the result of any type of poor care that has a lasting impact on a patient’s life.
Columbus medical malpractice lawyers fight alongside plaintiffs who have received medical treatment that falls below the acceptable standard of care, to recover fair compensation for their injuries. Get in touch with an experienced injury lawyer for help pursuing compensation and holding negligent individuals accountable.
Medical Malpractice Law in Georgia
At the simplest level, a medical malpractice claim in Georgia can be viewed in much the same way as any personal injury claim that relies upon the theory of negligence. There are five elements of a claim that a plaintiff must be able to demonstrate in order to win their case:
- Duty of Care
- Breach of Duty of Care
- Causation
- Scope
- Damages
However, beyond this basic framework, medical malpractice claims in Columbus are much more complicated. True, all medical professionals have a duty to care for their patients. Georgia Code 51-1-27, states that a person practicing surgery or the administration of medicine for compensation must practice their craft with reasonable care and skill.
The statute continues to state that any injury resulting from a lack of such care or skill shall be a tort that a plaintiff may cite in a lawsuit. This tort is what is commonly referred to as medical malpractice. It is in proving that the level of care received was below “reasonable” that medical malpractice cases become more complex.
Expert Witnesses
Georgia Code 9-11-9.1 creates a rule requiring the plaintiff to submit an expert opinion that describes the nature of the malpractice that places liability on the defendant doctor. This portion requires that a medical doctor review the facts of the case, and author an expert opinion on why the plaintiff’s case has merit.
This can be a costly and lengthy procedure, as many doctors may be hesitant to point fingers at fellow practitioners.
Essentially, the Georgia legislature has created a rule that the plaintiff must cross a significant hurdle before the case can even be considered on its merits.
Statute of Limitations for Medical Malpractice Claims
Additionally, Georgia Code 9-3-71 states that all actions against doctors and medical institutions must begin within two years after the act, but in some cases, the injury is not discovered until after the two years are up. In these circumstances, the maximum time that is allowed to file a claim is extended to five years after the incident. This is known as a statute of limitations.
In no event will the action begin more than five years after the act. Considering that obtaining an expert’s opinion may be a time-consuming task, time is of the essence in all medical malpractice claims.
Columbus medical malpractice attorneys are familiar with these procedural rules and work with local doctors to gather all of the evidence that is needed to demonstrate the defendant provider’s malpractice and prove potential clients’ cases.
How a Columbus Medical Malpractice Attorney Can Help
Cases alleging medical malpractice can be time-consuming and difficult to prove. Further, insurance companies who defend doctors know this. They understand that plaintiffs need to submit expert evidence to even initiate a case. Thankfully, Columbus medical malpractice lawyers also understand the stakes and procedures in these cases. They possess the patience, contacts in the medical community, and experience to guide you through the entire process.
If a doctor, dentist, or hospital has made a mistake that resulted in you being left with permanent injuries, contact a medical malpracitce attorney in Columbus today to take a positive step towards the compensation that you deserve.
