When a person experiences a medical issue and seeks admittance to a healthcare facility, the expectation is that they will leave in a better condition than they arrived. Unfortunately, patients can sustain even more harm due to the error of a healthcare professional.
If you or a loved one has been severely injured due to the negligence of a medical professional or facility, you may have a claim for medical malpractice. An Atlanta medical malpractice lawyer can help you file a lawsuit to get you the compensation you need.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a medical practitioner, in the course of their profession, falls below the professional standard of care, causing harm to the patient. Under Official Code of Georgia Annotated (O.C.G.A.) § 9-3-70 , an action for medical malpractice arises from the death or injury of a person as a result of the service, diagnosis, prescription or care that is rendered by or under the supervision of a healthcare professional or medical institution. The losses suffered from a medical malpractice injury are recoverable under O.C.G.A. § 51-1-27.
Common Forms of Medical Negligence
Medical malpractice covers an array of negligent acts occurring in various sectors of the medical field. Incidents of medical malpractice can include, but are not limited to, the following:
- Misdiagnosis or failure to diagnose a medical condition
- Surgical errors (e.g., foreign object left inside the body while undergoing surgery)
- Improper prescription of medication
- Childbirth trauma
- Anesthesia errors
- Mistreatment of condition or negligently extensive treatment
Medical malpractice cases are highly complex, requiring both legal and medical expertise. An experienced medical malpractice attorney can review the facts of a case to determine the potentially recoverable damages.
What are the Deadlines for Filing a Medical Malpractice Claim?
In Georgia, the statute of limitations for a medical malpractice claim is two years from the date on which the underlying malpractice occurred. In cases where the harm from an act of malpractice is not immediately recognized or suffered, the injured party may still be able to file a medical malpractice claim beyond the two-year statute of limitations. The claim will be barred entirely if not brought within five years from the date on which the malpractice occurred under the state's statute of repose.
Filing Exceptions for Mishandled Medical Procedures
An exception to the limitations applies in cases where the malpractice involves a foreign object being left inside of a patient while undergoing a medical procedure. In these situations, the injured party has one year from the discovery of the malpractice to bring a claim.
Failure to meet these deadlines when filing a medical malpractice claim can have devastating consequences, including the permanent loss of potential compensation, so meeting these deadlines is imperative. An experienced Atlanta malpractice attorney can help with the timely filing of a claim and seeking compensation.
Call an Atlanta Medical Malpractice Attorney for Help Today
The pain and suffering from a medical malpractice injury can be excruciatingly damaging to a person's physical and mental health. While filing a lawsuit could be the best or, in some cases, the only way to receive compensation for injuries resulting from medical malpractice, navigating the legal process to do so is nearly impossible without the guidance of a legal professional.
If you want to pursue a medical malpractice claim, finding the right attorney to represent you is critical. Call an Atlanta medical malpractice lawyer today to discuss what the options available to you.