Stockbridge Medical Malpractice Lawyer
The legal and medical issues in a medical malpractice case intertwine and can be difficult for many injured individuals and juries to understand. There are also several important laws that medical malpractice plaintiffs should know about.
This inherent complexity is why many who have been injured by a medical professional turn to an experienced Stockbridge medical malpractice lawyer to represent their interests. A dedicated personal injury attorney could work with you to take stock of all your compensable damages and seek appropriate financial restitution for them.
The Statute of Limitations in Stockbridge
The statute of limitations is the time given under the law for a plaintiff to file a lawsuit. Once the statute of limitations has expired, their claim generally is no longer considered valid. While a plaintiff or their Stockbridge medical malpractice attorney could still file a case under these circumstances, it has a much higher chance of being rejected due to the expired statute of limitations.
Official Code of Georgia §9-3-71 provides a two-year statute of limitations for patients to file a medical malpractice suit. This is two years from the date of the injury, the date the injury was discovered, or the date that the injury should have reasonably been discovered. The same statute also states that under no circumstances can a plaintiff file a lawsuit more than five years from the date on which their injury occurred.
The Expert Affidavit Requirement for Hospital Error Cases
As per Georgia Code §9-11-9.1, when a medical malpractice case is filed, an affidavit of expert should be filed along with the initial complaint. The affidavit, which must be written by a qualified medical expert, gives a sworn professional opinion regarding a minimum of one negligent act of a healthcare provider who is a named defendant in the complaint. The affidavit should also include the medical expert’s factual basis for their opinion.
If the plaintiff or their attorney fails to file this affidavit, the case could be placed at risk of being dismissed or the court may specifically request that it be filed by a specific deadline. It should be noted that if the plaintiff only recently hired a medical malpractice lawyer in Stockbridge and began to pursue their claim, the court could potentially grant a 45-day extension after the date that the statute of limitations expires.
Hire a Stockbridge Medical Malpractice Attorney
Medical malpractice injuries may leave you with severe scarring, disfigurement, and pain and suffering. You might be out of work for quite some time or even unable to ever return to work, which could lead to a number of financial and personal issues. You could also be unsure about how you will pay your medical bills or afford your living expenses without a paycheck.
A compassionate Stockbridge medical malpractice lawyer could help you pursue a claim to compensate you for these damages and any other losses you suffer due to a healthcare provider’s reckless or careless behavior. Call today to get your claim started and ensure your case is filed on time.
