Douglasville Medical Malpractice Lawyer
There are perhaps no people who are more respected in the community than medical professionals. Yet despite their many years of training and rigorous licensing examinations, these people still make mistakes that can cause serious injuries or even death.
When these mistakes become so bad as to rise to the level of negligence, the injured people may have a medical malpractice claim. Malpractice claims are very complex as they require an expert witness to be able to prove. Those injured due to the negligence of doctors, dentists, and hospitals have the right to be compensated for their damages.
A Douglasville medical malpractice lawyer can represent you in your battle to hold medical providers responsible for their mistakes. Seek the counsel of a qualified personal injury attorney that can advocate for you.
Georgia Laws Regarding Malpractice
Perhaps the first question that a Douglasville medical malpractice lawyer should ask when considering a medical malpractice claim is when the malpractice occurred. There is a law known as the statute of limitations that stops plaintiffs from filing a lawsuit if too much time has passed. All lawsuits alleging malpractice must be filed no more than two years from the date of the malpractice.
If the malpractice is not discovered until after the fact, this time may be extended up to five years after the act. If more time than this has passed, the plaintiff will not be able to recover anything, no matter how severe the case.
Standard of Care
In many ways, a malpractice case is similar to any other personal injury case that alleges negligence. The doctor has a duty to protect the patient, and by acting carelessly, caused the patient to come to harm.
But because the claim cannot be proven without expert testimony as to the science behind the case, things quickly become much more complicated. These experts must testify that the defendant acted in a way that violated reasonable care and skill. According to Georgia Code 51-1-27, this is the standard that all medical professionals must meet. If this standard is broken, their care is said to be malpractice. But this expert must be willing to testify as to the defendant’s negligence prior to the case even entering the courts.
Plaintiff’s Affidavit
Georgia Code 9-11-9.1 creates a rule requiring the plaintiff to submit an affidavit written by the expert along with the complaint about damages. This affidavit must state the scientific reasons why the defendant was negligent and the facts of the case that support this claim.
In short: to argue the plaintiff’s entire case. This rule can halt many potential medical malpractice cases from the start as doctors may not be willing to testify against other members of the medical community.
Douglasville medical malpractice lawyers possess the necessary connections in the medical community to pursue cases that have true merit. Working with these experts, attorneys can strive to hold reckless and negligent medical providers responsible for their actions.
Value of a Medical Malpractice Attorney
Whenever a person visits a healthcare provider, whether they be a private practice doctor, a dentist, or a hospital, they expect that they will be treated with the utmost care and skill. Unfortunately, providers can make mistakes due to fatigue, lack of training, or simple carelessness. These mistakes can lead to significant injuries or even death for patients.
A Douglasville medical malpractice lawyer can be committed to representing injured individuals in obtaining the fair compensation that they deserve for their injuries. With connections in the medical community, your attorney can evaluate cases for their merit and pursue them with vigor.
