Villa Rica Medical Malpractice Lawyer
In most cases, doctors and other medical professionals live up to the high standards we expect from them. However, even experts can make mistakes sometimes, and if a healthcare provider’s negligence leads to you suffering undue harm, you may have grounds to take legal action.
It is generally wise to talk to a Villa Rica medical malpractice lawyer as soon as possible after you become aware of any losses stemming from substandard medical care. Once retained, a skilled personal injury attorney could work with you to take stock of your losses, gather evidence and expert testimony to strengthen your case, and seek appropriate compensation through all available means.
What is the Medical Standard of Care in Villa Rica?
According to Official Code of Georgia Annotated §51-1-27, every medical professional practicing in the state must provide “a reasonable degree of skill and care.” In other words, every doctor must act in the same way that another professional with the same expertise reasonably would in similar situations.
In practice, this means that different situations may entail different standards of care—a mistake made in a high-pressure, chaotic environment like an emergency room may not lead to the same legal liability as a mistake in a calmer clinical setting. Accordingly, most lawsuits based on medical malpractice in Villa Rica center around proving that a particular healthcare provider failed to uphold the standard of care for the particular scenario in question. This challenge usually requires assistance from an experienced attorney.
The Expert Affidavit Requirement
Since these cases typically involve complex medical topics and concepts, state law establishes certain prerequisites to filing a case. Specifically, O.C.G.A. §9-11-9.1 mandates that a plaintiff filing suit for medical malpractice also must submit an affidavit of merit. This document is a sworn opinion from another healthcare professional that the presumptive defendant in the case was, in fact, negligent. This requirement tries to prevent plaintiffs from crowding the civil court system with lawsuits based on insufficient grounds.
Potential Roadblocks to Recovering for Medical Malpractice
State law also sets out additional regulations that may negatively impact a plaintiff’s ability to recover for their damages fully. For instance, there is a cap on noneconomic damages for medical negligence cases set out by O.C.G.A. §51-13-1. Under this statute, plaintiffs are limited to a maximum of $350,000 in noneconomic damages when filing suit against a single healthcare provider or facility, and $700,000 when filing against multiple liable parties.
In addition, both a statute of limitations and a statute of repose apply to medical malpractice cases in Villa Rica. The statute of limitations for these cases is two years from the date the injury first occurred, as well as a deadline of one year for injuries stemming from surgical tools or objects left inside the body of a patient.
The statute of repose sets a maximum time limit of five years after a negligent act for any medical negligence case to be brought forth, regardless of any extenuating circumstances. An experienced attorney in Villa Rica could help a claimant file their medical malpractice case on time.
Schedule a Consultation with a Villa Rica Medical Malpractice Attorney
Medical malpractice cases can be some of the most complicated personal injury suits because of the number of state statutes and regulations that apply exclusively to these claims. Given how many moving parts and considerations these cases have, seeking professional legal counsel is crucial if you wish to achieve a successful outcome.
A seasoned Villa Rica medical malpractice lawyer could help with every aspect of your case and work with you to pursue a positive resolution. Call today to learn more.
