LaGrange Medical Malpractice Lawyer
Thousands of people are injured each year because of medical negligence. The law allows for the recovery of damages for harm caused by medical malpractice, but bringing a case can be an uphill battle unless you retain experienced legal help.
If you believe that you or a loved one were harmed by medical malpractice, contact a LaGrange medical malpractice lawyer. A seasoned attorney is available to advise you about your rights under the state of Georgia’s medical malpractice laws.
Medical Malpractice Definition
The simplest definition of medical malpractice is negligence by a health care provider that causes injury. Georgia Code §51-1-27, the basis for all medical malpractice claims in the state, establishes that a person in the business of practicing medicine—or professing to do so—must exercise a reasonable degree of care and skill, and that any injury caused by a failure to meet this standard is a tort for which the injured person may recover damages.
What is or is not a reasonable degree of care and skill will depend on the type of medicine being practiced and other specific circumstances, but negligence due to medical malpractice can occur in any situation in which a person receives treatment. This type of negligence can come in many forms, including but not necessarily limited to:
- Surgical malpractice
- Failure to diagnose
- Incorrect diagnosis
- Birth defects or injuries
- Medication errors
- Paramedic / EMT negligence
- Nursing home negligence
- Unnecessary tests or procedures
Recoverable Damages
The law allows for the financial recovery of damages in proven cases of medical malpractice. This includes damages for both economic losses, such as medical expenses or pay lost from missing work, and non-economic losses like pain and suffering, loss of enjoyment of life, anxiety, scarring and other losses that are difficult to quantify.
In the unfortunate event that the case involves a death, a wrongful death claim may also be brought, which allows for alternative types of damages. In a few cases, punitive damages may also be recovered. The law allows for punitive damages to punish a defendant for particularly bad misconduct.
In a case that only involves negligence, punitive damages are not likely, but O.C.G.A. §51-12-5.1 does allow for a court to levy them when clear and convincing evidence demonstrates willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences by a defendant.
Time Limits on LaGrange Medical Malpractice Cases
In general, there is a two-year statute of limitations for filing a medical malpractice case in court, beginning at the time the injury in question occurs. In the event a medical error is not discovered until later, the statute of limitations may be paused, but a five-year statute of repose still applies. This means that regardless of when the malpractice occurred, a lawsuit must be filed within five years of the time of the malpractice.
It should be noted that exceptions apply to these rules under certain circumstances. A qualified medical malpractice attorney in LaGrange could identify and explain what limitations may apply to a specific case.
Get Advice from a LaGrange Medical Malpractice Attorney
If you believe you suffered harm in the course of receiving medical care, you may need professional advice regarding your possible claims. The goal of a qualified LaGrange medical malpractice lawyer is to provide expert guidance and help you get the best result in your case that the law allows. Get in touch today to schedule an initial meeting and start exploring your options.
