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(678) 999-8500
Free Consultation
(678) 999-8500
Free Consultation
(678) 999-8500
(678) 999-8500
(678) 999-8500
(678) 999-8500
At Tidwell Strimban Injury Lawyers in Woodstock, GA, we understand that medical malpractice occurs when a healthcare provider’s negligence leads to patient harm. It’s not simply a bad outcome, but rather a situation where a medical professional deviates from the accepted standard of care, causing injury or death.
To successfully pursue a medical malpractice claim in Georgia, we would focus on proving the following four key elements:
First, we must establish that a doctor-patient relationship existed. This means the healthcare provider had a professional duty to treat you according to accepted medical standards. This duty applies to doctors, nurses, hospitals, and other medical professionals.
This is where we prove that the healthcare provider failed to meet the accepted standard of care. The “standard of care” is what a reasonably competent and skillful medical professional would have done under similar conditions and circumstances. Examples of breaches include:
We would gather evidence, including medical records, and rely on expert testimony to demonstrate how the provider’s actions or omissions fell below this standard.
It’s crucial to show a direct link between the healthcare provider’s negligence and your injury or the worsening of your condition.
This can be one of the most challenging aspects to prove, requiring detailed medical evidence and the opinions of qualified medical experts to establish that the breach of duty proximately caused your harm. A “bare possibility” is not enough; we must show a clear connection.
Finally, we must demonstrate that you suffered actual damages as a direct result of the negligence. These damages can include:
In Georgia, several important procedural requirements govern medical malpractice claims. Generally, a statute of limitations requires that a lawsuit be filed within two years from the date the injury or death occurred, or when it reasonably should have been discovered.
Beyond this, a five-year “statute of repose” also applies, meaning no lawsuit can be brought more than five years after the negligent act or omission itself, regardless of when the injury was discovered.
An exception to this rule exists for a “foreign object” left in a patient’s body (like a surgical instrument or sponge), in which case the lawsuit must be filed within one year after its discovery, even if it falls outside the five-year repose period.
Furthermore, when initiating a medical malpractice lawsuit in Georgia, it is mandatory to include an affidavit from a qualified medical expert.
This affidavit must assert that, in the expert’s professional opinion, the care received deviated from the accepted professional standard of conduct and must clearly explain the factual basis for this claim; failure to provide a compliant affidavit can lead to the dismissal of the lawsuit.
Finally, Georgia law also sets specific qualifications for expert witnesses, generally requiring them to be licensed in the same profession as the defendant and to have actively practiced or taught in that specialty for at least three of the last five years, with sufficient frequency to demonstrate adequate knowledge.
If you suspect that you or a loved one has been harmed due to medical negligence, it is crucial to contact a medical malpractice lawyer as soon as possible.
The primary reason for this urgency lies in Georgia’s strict statute of limitations and statute of repose. Generally, you have two years from the date of the injury or its reasonable discovery to file a lawsuit, and in no event can a claim be brought more than five years after the negligent act occurred, with limited exceptions.
Investigating a medical malpractice claim requires a significant amount of time to gather extensive medical records, consult with qualified medical experts, and build a compelling case. Delaying this process can jeopardize your ability to meet these critical deadlines and may lead to the loss of your right to seek compensation.
Even if you are unsure whether medical malpractice occurred, a consultation with an experienced attorney can help clarify your situation. An attorney can assess the facts of your case, explain your legal options, and guide you through the complex process of pursuing a claim.
At Tidwell Strimban Injury Lawyers, we offer a free consultation to evaluate your potential medical malpractice case. We are here to help you understand your rights and determine the best course of action. Don’t hesitate to reach out to us in Woodstock, GA, to discuss your concerns.
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