Medical Malpractice Law

Gainesville, Georgia Medical Malpractice Lawyers

As patients, we trust our doctors and healthcare professionals to help us heal and get better. Unfortunately, every year, Americans suffer injuries caused by the negligence or recklessness of medical professionals. Medical malpractice lawsuits allow patients to recover financial compensation in the form of damages for injuries caused by a doctor’s negligence. Medical malpractice lawsuits can be incredibly complex, and the medical and legal issues are often difficult to prove.

If You Have Suffered a Medical Malpractice Injury, We Can Help

At Smith Hulsey Law, our legal team has extensive experience representing clients who have been injured as a result of medical malpractice. We have the legal knowledge and network of expertise to help our clients understand the complete extent of their injuries. If you have suffered an injury due to a doctor’s negligence in Georgia, we can help. Contact our Gainesville medical malpractice lawyers today to schedule your initial consultation.

Understanding Georgia’s Medical Malpractice Laws

When filling a medical malpractice lawsuit in Georgia, you will need to file the complaint which alleges the reason for your lawsuit. You will also need to file an affidavit provided by a medical expert. A medical professional will need to state at least one negligent act by the defendant health care provider, including a factual basis for that opinion.

Compensation Available in Georgia Medical Malpractice Lawsuits

Successful plaintiffs are entitled to non-economic and economic damages. Non-economic damages include all medical expenses associated with your injury. The cost of any surgeries, hospitalizations, physical therapy, home health care, lost work time, and any other quantifiable costs associated with medical malpractice are non-economic damages. 

Non-economic damages include compensation for pain and suffering and other injuries that are difficult to quantify. Georgia places a cap on the amount of non-economic damages a plaintiff can recover. It is incredibly important to hire a skilled Gainesville medical malpractice attorney who will fight hard to make sure you receive the highest possible amount of compensation for your injury. At Smith Hulsey Law, we take the necessary time to create a comprehensive list of all of your economic damages.

Common Types of Medical Malpractice Claims

Every Georgia medical malpractice lawsuit is unique. However, some medical malpractice claims are much more common than other cases. Additionally, in some medical malpractice cases, a medical professional made multiple errors that resulted in injury to the patient. 


Failure to Diagnose or Misdiagnoses

Failure to diagnose a medical condition is a common cause of medical malpractice lawsuits. In these types of medical malpractice lawsuits, a doctor often fails to diagnose a cancer patient. While the patient waits to receive the correct diagnosis, cancer will spread and become worse. By the time a patient receives the correct diagnosis, their cancer might reach a terminal stage, or it might have spread throughout his or her body. 

When a misdiagnosis results in a patient’s death, his or her family will be able to bring a wrongful death lawsuit on the basis of medical malpractice. If you or a loved one have suffered additional injuries due to a misdiagnosis or late diagnosis, you might have a right to compensation. The legal team at Smith Hulsey Law can help you fight for your rights.


Surgical Errors

Surgeons are specially trained to save lives. However, surgeons may still act negligently or recklessly during the surgery. These surgical errors can range from leaving equipment inside a patient, to cutting an unintended part of the patient’s body, to negligently failing to monitor the patient’s vital signs during surgery. 


Birth Injuries

When doctors act negligently during a child’s birth, they often cause the infant and the mother to suffer injuries. During the birthing process, a doctor, nurse, or delivery room attendant can fail to properly monitor the baby. They might use incorrect medical tools or techniques to help the infant. For example, when doctors or nurses fail to respond to fetal distress in the correct manner, the oxygen supply could become cut off. 

A lack of oxygen can result in cerebral palsy or other neurological conditions. Birth injuries can cause devastating injuries that require long-term and expensive medical care. Infants who suffer from severe birth injuries often become completely dependent on caregivers and suffer severe developmental delays. 


Anesthesia Errors

Anesthesiologists have an incredibly important job. When anesthesiologists fail to correctly administer anesthesia during a medical procedure, the results can be devastating. In some medical malpractice cases, the anesthesiologist negligently depletes the patient’s oxygen supply causing brain injuries. 

The Statute of Limitations for Georgia Medical Malpractice

Georgia’s medical malpractice law requires plaintiffs to file a lawsuit within two years after the negligent act or omission happened. For example, if your surgeon made an error in your surgery on January 1, 2020, you will have until January 1, 2022, to file a medical malpractice lawsuit. An important exception applies, called the statute of repose. 

When the injury does not manifest right away, or when the medical malpractice causes a patient’s death years later, courts will make an exception. This situation could happen when a surgeon makes an error and the patient does not discover the error until years later. Even with the exception, plaintiffs cannot file a medical malpractice lawsuit more than five years after the wrongful or negligent act or omission happened.

There is one final exception to the overall statute of limitations. When a surgeon leaves a sponge or other surgical instrument in the patient’s body, the plaintiff has one year after the discovery of the medical negligence to bring a medical malpractice lawsuit. 

For example, if a patient discovered that a surgeon left a sponge in her body six years after the surgery, she would have a year to file her personal injury lawsuit. If you have suffered an injury from malpractice, it is essential that you contact a skilled medical malpractice attorney as soon as possible.