Medical mishaps are a leading cause of injury and death in the U.S. Sadly, these incidents often leave families to deal with devastating physical, emotional, and financial repercussions.
If you find yourself in this position, consider contacting an experienced Winder medical malpractice lawyer. At Smith Hulsey, our compassionate attorneys could guide you through the complex legal process of holding medical professionals accountable and receiving fair compensation for your ordeal. En Español
Medical malpractice occurs when a healthcare provider departs from the accepted, reasonable standard of care and skill in their field. Examples include but are not limited to the following:
Identifying a mistake is only one aspect of proving medical malpractice. Georgia law requires evidence that the medical provider owed the patient a duty of care, breached that duty by deviating from the accepted standard of care, and caused an injury due to their actions.
Proving these elements in a medical malpractice case can be more difficult than in a typical personal injury claim. Patients should work with a skilled medical malpractice attorney in their area to increase their chances of success in settlement negotiations or at trial.
Doctors are not the only ones whose mistakes may constitute malpractice. The Official Code of Georgia § 51-1-27 clarifies that any professional involved in providing medical care may be legally accountable for injuries resulting from a failure to exercise reasonable skill and care. This broad statement encompasses a wide range of professionals, such as:
In some cases, multiple people or entities may bear responsibility. By working with the experienced legal team at Smith Hulsey, an injured victim could ensure that every potentially liable party is included in their medical malpractice claim.
Properly initiating a lawsuit alleging medical mistakes requires more work than other injury cases. In addition to filing a complaint, a plaintiff must also present an expert affidavit and a medical authorization form to allow their health records to be shared, as outlined under Georgia Code §§ 9-11-9.1 and 9-11-9.2. Failure to submit these documents within the prescribed timeframes will almost always result in a case dismissal.
The expert affidavit must establish a minimum of one negligent act through the opinion of a professional in the field. Additionally, the signer must be available to testify in court. A skilled local malpractice attorney could help a claimant retain an expert with the appropriate knowledge base to effectively support their allegations.
It is important to note that an injured party must file their malpractice case against a medical professional within two years from the date of the incident. Under specific circumstances, the court may grant an extension, such as if the case involved a foreign object left in the body. In that instance, the deadline to file is one year from the date of discovering the object’s presence. If a Winder resident fails to meet these timeframes, they risk dismissal of their medical malpractice case under Georgia Code §§ 9-3-71 and 9-3-72.
Seeking justice for a medical mistake involves complex legal processes. To increase your chances of success, speak with an experienced Winder medical malpractice lawyer at our firm. At Smith Hulsey, our attorneys understand the devastating impact these accidents can have on you and your family. Call today to discuss how we could help you recover from your losses.
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