KNOW YOUR RIGHTS: How to navigate cases of medical negligence

Currently, in Georgia, medical errors are brought by those injured under the tort system. There are specific rules governing how to bring these types of actions which differ from ordinary cases like car accidents.

Because only 27% of adverse events occur through medical error, and that only a fraction of those medical errors are attributable to negligence, very few patients who experience adverse events will be entitled to compensation.

Understanding the fundamental differences between an adverse event and a medical error, or the difference between system errors and true negligence requires a patient to do more than just file suit.

In medical malpractice cases, the patient must first attach an affidavit from a qualified medical provider who has reviewed the case and provided an opinion that the medical professional (nurse, physician, etc.) caused the patient’s injury while the professional was violating the standard of care toward the patient.

A standard which looks to other professionals who performed the procedure under like and similar circumstances.

This affidavit is to prevent overwhelming amounts of time and money to be spent on expensive and fruitless litigation. Even when suit is filed, less than 1% of all filed medical malpractice claims actually end up in a verdict for the plaintiff. In Georgia, the statute of limitations on medical malpractice cases is also different in many regards from the normally two years from the date of injury or death. A “statute of limitations” is a law which sets a limited legal window during which an injured party has the opportunity to file a lawsuit. If a claim is not filed during this window of time, the patient loses a right to pursue legal action. This is a critical factor of every case and must be considered before a lawsuit is filed.

Generally, actions for medical malpractice have two years to file a claim from the time that the malpractice occurred or the time that the injury should have been reasonably discovered.

However, determining the exact amount of time that one has to file a lawsuit can be particularly difficult because of the circumstances of the injury. Some facts can reduce or extend the normal time period allowed. For example, a surgical malpractice claim for foreign objects like surgical sponges left in the body may be brought at any time within one year of discovering the issue.

However, in medical malpractice cases there is what is called a statute of repose that stops any malpractice action from being brought more than five years from the date of the act of malpractice.

In our law firm we deal with the complexities of a serious medical malpractice claim. We have the expertise to review a case and determine its viability.

Medical malpractice claims are difficult and expensive. We have been fortunate to have brought and resolved many to right the wrongs suffered by our clients and their loved ones.

Steven Leibel is a well-respected personal injury lawyer in Cumming and Dahlonega. He has consistently been recognized as a GA SuperLawyer in Personal Injury; rated 10 by AVVO, and he is considered “preeminent by his peers, as an Martindale AV rated attorney.”

JEWELRY BY SELIN

All The Things That Mother Ever Wanted

We are a family owned and operated jeweler committed to excellent customer service and outstanding quality.

Custom Jewelry – Watches & Watch Repair Engraving – Jewelry Repair Buy & Sell Precious Metal & Diamonds Men’s Jewelry – Pearls & Gem Stones Silver Jewelry, Charms & Beads

We Offer FREE Jewelry Cleaning

Bridal Consultations

For Diamond Education, Custom Engagement Rings And Introducing You To The Selin Bridal Collection