A Guide To Suing a Doctor for Medical Malpractice
If you’ve experienced medical malpractice, the aftermath can be overwhelming. You’re probably dealing with physical pain, emotional distress, and overwhelming financial burdens. You may be considering a lawsuit against the negligent medical professional, which can feel daunting, especially if you’re unfamiliar with legal processes. However, with the right legal guidance, pursuing a medical malpractice claim can be less stressful as you seek justice and compensation. In this guide, we break down the essentials, from what counts as medical malpractice and how to build a strong case to the time limits for pursuing a claim.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider’s mistake or lack of proper care harms a patient. Under Georgia law, doctors and other medical professionals must exercise “a reasonable degree of care and skill.” If they fail to meet this standard, whether by misdiagnosing an illness, prescribing the wrong medication, or performing an incorrect procedure, they may be held legally responsible for any resulting harm.
If a mistake happens due to negligence and results in an injury, disability, or even death, it may be grounds for a medical malpractice claim. If you’ve suffered harm due to improper medical care, it is worth consulting a lawyer about your legal options to hold the medical professional accountable.
Requirements for Suing a Doctor for Malpractice
To successfully sue a doctor for medical malpractice, you need to build a strong case. You can do this by proving the following elements:
- Doctor-Patient Relationship: You must show that a formal relationship existed, meaning the doctor agreed to provide medical care.
- Negligence: The doctor must have failed to provide treatment that met the accepted standard of care.
- Injury Resulting from Negligence: You must prove that this failure proximately caused your injury or harm.
- Damages: You must also show that the injury resulted in actual damages, including unexpected medical bills, lost income, pain and suffering, or long-term health issues.
Additionally, you must provide the court with an affidavit from a qualified medical expert (usually another doctor) who can testify that the defendant’s actions or inactions were negligent. This affidavit must be filed alongside your initial complaint and include at least one specific negligent act or omission.
Time Limit to Sue for Medical Malpractice
Georgia has strict deadlines for filing medical malpractice lawsuits. Generally, you have two years from the date of the injury to file your claim. However, some exceptions apply:
- If a foreign object (like a surgical tool) is left in your body, you have one year from the date you discovered it to file.
- If the patient is a minor or legally incapacitated, the deadline may be extended.
- Georgia also enforces a five-year statute of repose, the maximum time limit for filing a claim, regardless of when you discovered the malpractice, except in foreign object cases.
- If your healthcare provider fraudulently hid the malpractice from you, the time limit for filing your lawsuit may be extended.
Building a medical malpractice case can be complex, requiring thorough investigation and evidence and ensuring you meet critical dates. It’s best to consult with a skilled medical malpractice attorney to guide you through the process and improve your chances of success.
Contact an Atlanta Medical Malpractice Attorney for Legal Help
If you have been a victim of medical malpractice, contact our experienced Atlanta medical malpractice attorney at Carroll Law Firm to help you understand your rights and pursue the compensation you deserve.
Source:
casetext.com/statute/code-of-georgia/title-51-torts/chapter-1-general-provisions/section-51-1-27-recovery-for-medical-malpractice-authorized
