Those who have been injured trusting doctors and nurses to help treat, manage, and cure their ailments. Even though many doctors uphold their duty of care, there are some medical professionals whose negligent actions can cause more harm than good. When a medical professional’s reckless and careless actions cause an individual harm, they could be held liable for damages.
If you or a loved one were catastrophically injured due to the negligent actions of a medical professional, a knowledgeable personal injury attorney could help your case. Once retained, a Marietta medical malpractice lawyer could help you examine your legal options, catalog all your injuries and losses, and fight for the compensation you and your family need.
When a Doctor Is Legally Negligent
Medical care providers must abide by a legal duty to provide the best care possible under the circumstances. The way to establish an assumed standard of care is to determine if another professional with the same expertise have taken similar or identical actions in comparable circumstances.
If another medical professional would not have taken the same steps, then the injured claimant may have grounds for a civil case. A skilled attorney in Marietta could review the facts of a case and help the injured party determine their next steps.
Filing a Malpractice Lawsuit
Compared to a lawsuit based on a car crash or a trip and fall, there are more steps an injured claimant must take in a medical malpractice claim. Some of the most important prerequisites an injured claimant must be aware of include expert witnesses, an affidavit of merit, and adherence to the statute of limitations.
The Use of Experts
It is important for the injured party to retain the services of an expert who is knowledgeable about relevant areas of study to help demonstrate the nature of their injuries and explain how their healthcare provider was responsible for causing or exacerbating them. An experienced Marietta medical malpractice lawyer could use witness testimonies to help prove the defendant’s negligence.
According to Official Code of Georgia §9-11-9.1, a plaintiff seeking to file suit against a medical professional for malpractice must first file an affidavit of merit, which is a formal confirmation by a medical expert in the same field as the defendant doctor that the plaintiff has valid grounds for a lawsuit.
If the affidavit is not submitted prior to the applicable statutory deadline, or within 45 days of the said deadline under certain circumstances, the plaintiff may be barred from civil recovery.
Statute of Limitations
Under O.C.G.A. §9-3-71, medical malpractice cases in Georgia must be filed within two years of the date the injury occurred, or within the date the patient discovered or reasonably should have discovered the injury. Additionally, in the event a patient’s injury takes the form of a surgical tool or implement being left inside their body, the applicable statutory period is shortened to one year. Under no circumstances can a plaintiff file suit for a malpractice-related injury more than five years after the injury occurred.
Get in Touch with a Marietta Medical Malpractice Attorney Today
Even though most doctors are trustworthy, there are some medical professionals who do not always provide thorough and acceptable care. When a doctor’s actions cause you harm, a Marietta medical malpractice lawyer is here to help.
Call today to discuss your case and legal options.