Henry County Medical Malpractice Lawyer
Experiencing an illness or injury that requires medical care or hospitalization can be distressing. A patient’s distress may be increased if the care they receive causes further injury, illness, or complications. If you have suffered additional injury at the hands of a medical professional, it is important to remember that a medical malpractice claim can be brought against any medical professional.
It may be difficult, however, to prove a medical professional caused or exacerbated any injuries in a personal injury claim because a special set of rules has been developed to prevent claims without factual basis from being brought to courts.
A Henry County medical malpractice lawyer is experienced in handling these complex rules and could help you pursue your claim. Contact a compassionate personal injury attorney to seek a fair settlement for your injuries and losses.
Medical Malpractice Statute of Limitations
The statute of limitations to file a medical malpractice lawsuit in Georgia is two years from the date the injury or death occurred. Additionally, under Georgia Code § 9-3-71, unless the medical professional committed fraud or intentionally concealed the error from the patient, a medical malpractice suit likely cannot be brought more than five years after the act that caused the injury or death.
Despite this, the statute of limitations can be extended in certain circumstances and a Henry County medical malpractice lawyer could help a plaintiff understand these rules. Fully understanding how the statute of limitations applies to a certain case could prevent a case from being barred.
Affidavit Requirement
Georgia imposes special requirements on medical malpractice cases because of the sensitive nature of medical malpractice lawsuits. Georgia Code § 9-11-9.1 requires an individual and potentially their attorney to file an affidavit, or a document affirming that the claim has merit, to recover damages from a medical malpractice claim.
To complete an affidavit, the plaintiff must find a field expert to support their claim. The expert must then complete the document with the requirements that:
- An expert in the field has confirmed that the medical professional was negligent
- The affidavit contains the factual basis for the negligence claim
- The affidavit is in writing and signed by the expert
- The affidavit is filed concurrently with the lawsuit
Since the defendant in the case does not have to respond to the complaint of medical malpractice until 30 days after the affidavit is filed, the affidavit is an important step in moving forward with a claim. For more information, get in touch with a Henry County medical malpractice lawyer today.
What Damages Can Be Recovered?
A plaintiff may be entitled to compensation for economic damages such as medical expenses, lost wages, future lost wages from a reduced ability to work, and more. The plaintiff may also be able to receive compensation for noneconomic damages for their pain and suffering and loss of enjoyment of life.
A court could also award punitive damages to punish the defendant for their negligence. These damages are subject to a cap of $250,000 per case in Georgia. Punitive damages may be awarded in addition to compensatory damages depending on the circumstances.
How a Henry County Medical Malpractice Attorney Can Help
Each medical malpractice case is unique but can quickly become complicated under the nuanced legal system. You may need to contact a Henry County medical malpractice lawyer today if you believe you have suffered under the care of a negligent medical professional. Skilled lawyers could help you regain financial losses and lessen your future pain and suffering by building a powerful case against the responsible parties.
