When a medical practitioner, staff member, or institution fails to provide adequate care, patients are at risk of suffering injuries or further illness. This form of negligence is referred to as “medical malpractice,” and parties who commit this action may be held liable for damages. These responsible parties may include:
- Physicians and physician assistants
- Nurses and nurse practitioners (NPs)
- Medical facilities, such as hospitals and clinics
- Surgeons and surgical staff
- Pharmacists and pharmacy technicians
- EMTs and paramedics
If you or a loved one received medical treatment but suffered an injury or illness due to the negligence of a medical practitioner or facility in Athens, Georgia, you may qualify to demand compensation for your damages. An Athens medical malpractice lawyer from Bader Scott Injury Lawyers can build your case and represent you. We offer to review your case for free so that you can understand what options you have.
What Constitutes “Medical Malpractice” in Georgia?
Medical malpractice can include any act or omission committed by a medical practitioner or institution that leads to a patient’s injury or illness. These actions or omissions may include:
- Misdiagnosing or failing to diagnose a patient
- Surgical errors, such as leaving a foreign object inside the patient’s body
- Improperly administering anesthesia
- Failing to use medical equipment appropriately or correctly when treating a patient
- Birth injuries
- Prescribing or administering the wrong medication or dosage of medication
- Failing to read medical reports, test results, or imaging scans correctly
- Failing to conduct reasonable medical tests when the patient shows symptoms of an illness or injury
- Sexual abuse
Other forms of medical errors can occur that can be considered malpractice by industry standards. If you are not sure whether your case qualifies as medical malpractice, you can speak with someone from our firm about your case. Our team handles various personal injury cases involving medical malpractice in Georgia, so we can discuss what your legal options may be.
For a free legal consultation with a medical malpractice lawyer serving Athens, call (404) 888-8888
You May Qualify to Pursue Compensation for Economic Damages You Suffered
If you or a loved one was a victim of medical malpractice in Athens, Georgia, one of our attorneys can help you demand compensation for any financial damages you suffered. We often help clients pursue financial compensation for:
- Medical treatment expenses, including future expenses for treatment you’ll have to receive for the injuries or illness caused by malpractice
- The income you lost while you were injured or ill, as well as future income you may expect to lose, if you are still incapable of working
- Reduced earning potential if your injuries or illness prevent you from returning to your job position prior to the malpractice incident, thus forcing you to accept a lower-paying career path
- Costs for prescription medications or medical aid equipment (e.g., wheelchair, prosthetics, etc.) you now require
- Costs for caretaking services if you are not permanently disabled because of the malpractice
- Other out-of-pocket costs to accommodate your injury or illness, such as domestic care services, childcare services, or transportation services
Our legal team will calculate an estimated figure to determine how much compensation we should pursue on your behalf. To do so, we will collect as much evidence as possible to prove the value of your damages.
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Victims of Medical Malpractice Can Also Pursue Non-Economic Damages
During our investigation into your medical malpractice case, we may discover that you qualify for non-economic damages on top of your financial losses. Non-economic damages generally involve physical, emotional, or mental forms of losses, such as:
- Pain and suffering and inconvenience
- Emotional distress, including insomnia
- Post-traumatic stress disorder (PTSD) and other psychological trauma
- Permanent disability, including loss of vision or hearing
- Physical disfigurement, including wrongful amputation
- Diminished quality of life, which may involve loss of independence
- Loss of consortium
In cases where a patient passes away as a result of medical malpractice, the surviving family may pursue compensation on their behalf. The family will have an opportunity to express their own personal losses, such as losing a parent or spouse, in a wrongful death action.
Our team understands these cases are personal to each individual, which is why we want you to focus on your own recovery while we handle the legal paperwork, phone calls, and other court proceedings for you. We’ll provide updates about your case as they come.
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You Must Follow Legal Requirements for Medical Malpractice Cases in Georgia
You must abide by the following legal requirements for your medical malpractice case to remain valid in Georgia:
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Affidavit of Expert Requirement
O.C.G.A. § 9-11-9.1 mandates that you must file an affidavit prepared by a medical expert who can provide legal testimony on why the defendant is being sued for malpractice. They must be able to explain how the defendant’s actions or omissions violated the standard practices of health care practitioners.
Plaintiffs generally have 45 days after filing their initial complaint to supplement it with an affidavit, though extensions may be given if the plaintiff hired an attorney recently before a fast-approaching statutory deadline.
Statute of Limitations on Medical Malpractice Lawsuits
Per O.C.G.A. § 9-3-71, you must submit your medical malpractice lawsuit within its statutory deadline, which can vary based on the circumstances of your case. In general, you have two years from the date of the incident that caused your injury or illness. However, if you discovered that an injury or illness was caused by malpractice after two years passed, then you have two years from the date you discovered this cause of action but no more than five years after the incident occurred.
There is one exception to the overall five-year rule, though. Cases, where a patient discovers a foreign object inside their body, have one year after the date of discovery to submit their case, regardless of how much time has passed (O.C.G.A. § 9-3-72).
Call Bader Scott Injury Lawyers to Receive a Free Case Evaluation
If you or a loved one suffered an injury or illness due to medical malpractice, you may qualify to pursue compensation through a legal claim or lawsuit. Our legal team at Bader Scott Injury Lawyers helps people in Athens, Georgia, stand up to negligent parties, be they medical practitioners or the institutions that hire them, and hold them accountable for malpractice.
An Athens medical malpractice lawyer from our firm can advocate for you so that your story is heard. Have more questions about our legal services? Call now to get a free consultation with a member of our team, and let us start working on your case today.
Call or text (404) 888-8888 or complete a Free Case Evaluation form