Macon GA Medical Malpractice Lawyer

Doctors, nurses, and others in the healthcare field are professionals who are dedicated to their work and committed to providing high-quality care to their patients. Unfortunately, situations arise where avoidable medical misconduct transpires. Annually, there are thousands of injuries caused by negligence and medical malpractice.

An experienced Macon GA medical malpractice lawyer may help you get the compensation you deserve if you or someone you love has been injured because of medical malpractice.

Macon GA Medical Malpractice

Medical malpractice can happen at a hospital, medical institution, or dentist’s office. It can involve a nurse, a doctor, a medical tech, or a dentist. What’s required is that the institution or the individual violates care standards when they treat you or your loved one. This violation must cause injury or death.

Every year, over 98,000 Americans die because medical professionals or institutions make mistakes. The National Academy of Sciences reports that countless individuals are injured because of mistreatment that was preventable each year.

Every state creates a standard of care medical professionals and institutions must follow. However, there is a set of generally accepted practices or ideas that govern how medical professionals should treat patients who have a particular sickness or disorder. The age of the patient, pre-existing health conditions, and other factors may affect the standard of care a patient receives.

Georgia has malpractice laws (GA Code § 9-3-70) that lay out what “action for medical malpractice” signifies. It means that a person may have the right to claim damages for injury or death if it was caused by the following.

Treatment, health, diagnosis, dental, prescription, or surgical services and care provided by a person who has been authorized by the law to perform said services. It also includes services provided by those acting under the control and supervision of a person who could lawfully administer the above-mentioned services.

It also includes care provided by facilities, institutions, clinics, nursing homes, private hospitals, public hospitals, or by agents, officers, or employees in the above-mentioned facilities acting within the scope of their employment.

You have the responsibility to prove in the court of law that your injury or the death of your loved one was directly caused because your doctor violated the established standard of care. This can be challenging to prove. You will probably need the help of an experienced Macon GA medical malpractice lawyer. Your lawyer can help find expert witnesses who are knowledgeable about the medical field and who can explain complicated aspects of your case in a way that a judge and jury will understand.

Georgia Laws for Medical Malpractice

According to Georgia’s 51-1-27 statute, medical professionals who practice medicine or surgery could be held liable if an injury results from them not using a reasonable degree of skill and care.

According to the Supreme Court of Georgia, in order to have a valid claim, an injured patient must establish the following three elements:

First, you must prove that there was a doctor/patient relationship.
Second, you must prove that there was a breach of duty or a failure to provide the required care and skill.
Third, you must prove the link between your injury and the breach of duty.

The second and third elements usually give rise to disputes in medical malpractice cases in Georgia. Most physicians will argue that they were sufficiently careful based on the circumstances and situation. Their goal is to defend their medical position.

The law does not demand perfection from medical professionals. However, they cannot be careless. Doctors in medical malpractice cases will usually argue that they did what other healthcare providers would have done under the same circumstances.

They may argue that it was not their mistake that caused the patient’s injury, but the patient had a pre-existing condition or injury. They may even say that the injury would have taken place regardless of if they made a medical mistake or not. Your Macon GA medical malpractice lawyer will help you fight against any defense that the at-fault party tries to use.

Macon GA Statute of Limitations for Medical Malpractice Lawsuits

If you were injured because of medical malpractice, the state of Georgia gives Macon residents a limited amount of time to sue. You have two years from the injury or the date of the death, according to O.C.G.A. 9-3-71. If you wait too long past that time, you cannot seek compensation for your injuries.

Georgia’s statute of repose means that you cannot seek compensation for an injury after five years. Even if five years is not enough time to discover the injury or the extent of the injury, once five years have passed, you cannot sue.

There is a distinct law in Georgia about objects left inside of you during a surgery. According to this law, you have one year from that date that you discover they left an object inside of you to file. Let’s say you had an injury a few years ago and recently you discovered that the injury was caused because an item was left inside of you during surgery. You will have one year from the date you know about the incident to take action.

Working With a Macon GA Medical Malpractice Lawyer

Have you been the victim of medical malpractice? Now is the time for you to discuss the issue with a Macon GA medical malpractice lawyer.

Building a medical malpractice lawsuit takes time. Before your lawyer can build the case, they will need the following items:

Your medical records, including documentation of any pre-existing conditions
Information about the physician who treated you and the hospitals where the treatment took place
Copies of your hospital receipts, medical bills, and receipts for medical equipment you may have purchased
Details of the pain-and-suffering you experienced from your injuries

Your lawyer will probably need to interview doctors, nurses, and other medical professionals who know about your case and the medical treatment you received. Their testimony could prove pivotal in creating a case for you. They may provide details highlighting what exactly happened and what mistakes, if any, were made.

To sue for medical malpractice, you will need to file a complaint in the court that takes care of medical malpractice cases, according to GA Code § 9-11-9.1. You will need an expert affidavit in addition to your complaint. The affidavit is written by a medical examiner who has taken the time to thoroughly review the evidence connected to your case.

The medical examiner must be willing to testify on your behalf. They will need to identify at least one negligent act carried out by your healthcare provider or your physician. They will need to show that the negligent act played a role in your injuries.

If you cannot present an affidavit at the time you file your complaint, the court may give you a 45-day extension. However, there is no guarantee that this will happen, so it is better to have the affidavit ready when you file your complaint. Typically, the complaint and the affidavit are filed as a joint package.

It can be time-consuming to find an expert medical professional. Experienced Macon GA medical malpractice lawyers work with an expert medical professional who can serve as a witness in your case.

Recoverable Damages

Damages may be awarded to patients who were injured by medical malpractice. The goal of compensation is to attempt to make the patient “whole” again. Compensation might include economic and non-economic losses suffered by the patient.

Economic losses are actual damages. These may include but are not limited to:

Loss of wages
Loss of earning capacity
Medical costs
Pain and suffering
Loss of consortium

A Macon GA medical malpractice lawyer will help their clients identify the damages they have sustained and the compensation they may receive in a lawsuit.

How a Macon GA Medical Malpractice Lawyer Can Help

Medical malpractice cases are distinct from personal injury lawsuits in general. Medical malpractice lawsuits focus on medicine and the law. Both subjects are complex and require the experience of an attorney who can expertly navigate both subjects.

Your Macon GA medical malpractice lawyer will help you with your claim by:

Looking over all pertinent information to establish the credibility of your claim
Collecting evidence to support your claim
Determining the value of your claim
Identifying all possible liable parties
Clearly explaining to you your options and legal rights
Expertly handling complex technical and procedural challenges the state or court might have

Have you or someone you love been injured because of inadequate medical care? If so, now is the time to speak with a medical malpractice attorney to find out what your options are.

The Eichholz Law Firm has a team of qualified attorneys who can give you the legal assistance you need. Time is of the essence. Contact us today for a free consultation. Our office is located at 3200 Riverside Drive Suite B265, Macon, GA 31210.