In Atlanta, Georgia, there are medical malpractice laws that provide victims the opportunity to sue a doctor if they believe that this particular doctor caused them harm or injury. Medical malpractice lawsuits with strong evidence are usually ruled in the victim’s favor, and the victims can receive compensation which is based on the losses that they incurred including medical bills, lost wages, future rehab as well as any pain and suffering. If you have an injury that you believe was caused by the doctor or hospital that you were a patient at, reach out to a personal injury lawyer in Atlanta, Georgia today.
Medical Malpractice Lawsuits in Atlanta, Georgia
Medical malpractice occurs when a healthcare worker like a surgeon, nurse, dentist or a healthcare facility is in violation of the standard of care that is expected of them when treating a patient. This negligence or intent on the part of the healthcare worker may result in an injury or death of the individual.
For example, if you are a smoker and have been coughing and losing weight for the past three months, a reasonable doctor would order a chest x-ray to make sure that you do not have lung cancer. Failure to do so can mean a delayed diagnosis and spread of cancer, leading to death. Similarly, if the doctor or a nurse gives you the wrong dosage while you are in a healthcare facility and this wrong dosing results in damage to your health, you have the right to file malpractice lawsuits against these healthcare providers.
While the definition of “standard of care” varies in each state, in general, it means that a healthcare provider, when evaluating or treating a patient, must demonstrate the type of behavior that would be expected from any healthcare provider of reasonable sound and mind. Individuals have the liberty of suing a doctor who they deem failed to demonstrate this standard of care.
If you have been injured by a healthcare provider in Georgia, you can file malpractice lawsuits against those who wronged you. However, you have to prove that they deviated from the standard of care and caused you harm. In some cases, the injury or damage to health is obvious. For example, if the doctor operates on the wrong side of the body or leaves an instrument in your body, there is no argument that the hospital and the healthcare provider is at fault. In such a case, it makes perfect sense that you will end up suing a doctor who was clearly negligent and careless.
The Statute of Limitations for Medical Malpractice Lawsuits
There is a statute of limitations for medical malpractice lawsuits in Atlanta, Georgia. This statute of limitations sets a time limit within which the injured party can go about suing a doctor. Once this statute of limitation has passed, one may not get a second opportunity to seek justice against any incidence of medical malpractice.
In Atlanta, Georgia, the statute of limitations for filing medical malpractice lawsuits is two years from the date of the injury or death. It is important to note that sometimes the injury or death can manifest after the date of the incident that ultimately caused the adverse event. In Atlanta, Georgia, there is a Statute of Repose which limits the patient’s ability to file a claim against the healthcare professional. This statute of repose states that an injured patient has up to 5 years to file a lawsuit from the date of the injury/harm. If you do not do so within this time-frame, you will not be able to get compensation.
What type of compensation can I receive after a medical malpractice injury?
People suing a doctor on the grounds of negligence or intent to harm are entitled to receive compensation for lost wages due to missed work and any costs of healthcare related to the injury. In addition, when suing a doctor, the victims can also claim compensation for pain and suffering.
In addition, there are punitive damages that are used to punish the healthcare provider or the institution for any reckless action that resulted in a patient’s injury or death.
Seek Legal Counsel for Medical Malpractice Lawsuits in Atlanta, GA
If you are thinking about suing a doctor, you should understand that filing medical malpractice lawsuits can be quite complex and may require the services of a lawyer as they can provide evidence to the courts that you were wronged. Most medical malpractice lawsuits require a lot of paperwork, collection of evidence and hiring of experts. That is why one should not delay in seeking legal help.
If you are a victim of medical malpractice and want to proceed with suing a doctor, you should call our lawyers at The Law Office of John B. Jackson. Our attorneys are always here to help you with any legal issues and will provide you the necessary counsel and representation.