You turn to your physician for ailments and injuries because you trust their training and expertise will help you get better. But what if your doctor fails to do what other physicians would do in the same situation? Medical professionals have a duty to provide a standard of care; when they fall below that standard, you could experience further harm, instead of healing, as a result.
If you or a loved one is harmed while undergoing healthcare treatment, a Braselton medical malpractice lawyer could help you seek compensation for your loss. A personal injury attorney at Smith Hulsey could provide compassionate guidance throughout every stage of your claim, ensuring you get the help you need.
For a medical error to serve as the basis for a compensation claim, an injured patient must prove the medical staff was negligent. This requires showing the defendant had an obligation to act as a reasonable person would in a similar situation, breached that duty, and caused harm to the plaintiff as a result.
Additionally, under Georgia Code § 9-11-9.1, plaintiffs must submit an expert affidavit when filing a medical malpractice lawsuit. This statement must come from a qualified medical expert who identifies and explains at least one negligent act or omission by the defendant. Examples of medical malpractice include:
Although physicians are most frequently liable for instances of medical malpractice, anyone in the healthcare network, including hospitals, nursing homes, pharmacists, nurses, and technicians, could also provide negligent care. An experienced attorney should be consulted for guidance after a life-altering experience with medical malpractice in Braselton.
A successful medical malpractice claim could provide the injured party with compensation for objective and subjective losses. Objective losses have a clear financial value, such as money the patient pays out for additional medical care or the wages they lost by not being able to go to work. Subjective losses are non-economic and harder to calculate. They entail the jury placing a dollar amount on a person’s pain, suffering, disfigurement, loss of consortium, and emotional stress.
Punitive damages punish a person who has acted egregiously, wantonly, or intentionally to harm the victim. Punitive damages in medical malpractice cases are capped at $250,000. Patients considering filing a medical malpractice claim in Braselton should speak with a local attorney to discuss what damages may be available in their situation.
Georgia imposes a two-year Statute of Limitations on medical malpractice claims. This means a patient has two years from when malpractice occurred or when they reasonably discovered their injuries to take legal action. State law may extend this filing deadline for patients who were unable to reasonably discover their injuries before this date. Other exceptions, such as for cases involving children, may apply.
Medical malpractice cases are subject to many legal restrictions. Along with filing a complaint, you must file an affidavit from a medical expert. You also have a limited window to file a complaint.
We could help. Call Smith Hulsey if you are suffering because a medical professional failed in their duty to provide appropriate care. A Braselton medical malpractice lawyer is available to hear your story and advocate for justice.
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