You would never think your doctor would intentionally hurt you. Instead, you count on your doctor to aid in your recovery from whatever ails you. Unfortunately, though, medical errors are rather prevalent.
A physician cannot always be held responsible for unintended consequences of their care. Yet, there are numerous instances in which injuries and subpar outcomes could point to medical negligence. It can be difficult to determine whether or not you have grounds to sue a doctor in Georgia. Discuss your situation with Atlanta medical malpractice attorney.
Suing for Medical Malpractice in Georgia
The victim of medical malpractice may seek compensation through a civil lawsuit. Medical malpractice is a tort for which you must meet the burden of proof to receive compensation for your losses.
What constitutes medical misconduct in the eyes of the law are:
- The medical staff had a responsibility to look after you.
- Because of the doctor’s negligence, the patient suffered harm.
- Your harm was the direct and proximate outcome of the carelessness that caused it.
- Your losses are considerable.
You will not be compensated for medical negligence if your doctor makes a mistake, but you do not suffer any harm. For medical malpractice to have occurred, there must be both a breach of the duty of care and resulting harm.
Furthermore, you need an affidavit from a medical expert before you may initiate a medical malpractice claim. The doctor attests that your medical malpractice complaint is based on real, verifiable facts. The court may toss out your case if the affidavit isn’t submitted.
In addition, the time restriction for filing a case may not be extended. Medical malpractice claims in Georgia must be filed within two years. You have until you should have reasonably found the harm to initiate a case if you were unaware that a doctor’s error caused it.
You have one year from the date you discovered the foreign object to file a medical malpractice claim if it was caused by medical malpractice. There are no chemical substances or prosthetic devices included in this exemption.
Payment Options in Case of Medical Error
Damages from medical mistakes and incompetence can range widely. Both monetary and intangible losses are included when calculating the damages.
In a case of medical malpractice, for instance, a plaintiff may seek compensation for things like:
- Diagnosing injuries and damages from medical negligence can be expensive.
- Amount spent on supplementary medical care and treatment
- Health care that comes directly to the patient’s home, including personal care and nursing
- income loss, potential future earnings, potentially lost
