Whether you or someone you care deeply about has sustained injuries or other health problems from medical malpractice, it can take significant time to recover. Some health issues from medical errors are unfortunately permanent. It is therefore essential to speak with a Roswell medical malpractice lawyer to review your case and determine whether to proceed with a legal claim.
Depending on your type of case, you could recover numerous damages that provide financial support for ongoing medical care, physical therapy, and medications. A skilled attorney will work hard throughout each step in the legal process to help you stress less and focus on your health.
Types of Medical Malpractice
Malpractice in the healthcare industry comes in many forms. Common types include misdiagnosis or delayed diagnosis, surgical errors such as performing work on the wrong organ or leaving a foreign object in the body, and birth injuries. Other common examples include failure to treat a condition, illness, or injury properly, and defective medical products.
Healthcare Malpractice Damages
Plaintiffs who bring medical negligence cases against healthcare professionals typically request economic and non-economic damages. Economic damages refer to financial burdens resulting from injuries or ailments, while non-economic damages are considered “general” and “subjective.” Examples of economic damages include:
- Medical costs
- Lost wages
- Future medical bills
Non-economic damages include:
- Mental anguish
- Emotional distress
- Pain and suffering
- Loss of consortium, or loss of income from the providing spouse or partner
Some states place caps on non-economic damages to limit requests. Georgia courts ruled damage caps on such cases as unconstitutional in 2010, allowing you to request amounts you believe is fair. However, the state does limit punitive damages to $250,000. Punitive damages are designed to penalize defendants who intentionally harm plaintiffs.
Medical Malpractice Case Requirements in Georgia
A local resident with a malpractice case has two years to file a claim from the date an injury or death arising from a negligent or wrongful act or omission occurred, according to the Official Code of Georgia Annotated Title 9, Chapter 3, Section 71. The same section also discusses a five-year deadline for lawsuits where the healthcare professional’s error was not and could not be discovered immediately. For example, if the medical malpractice occurred to a child during birth, the two-year statute does not apply. Cases that fail to meet the filing deadlines usually get thrown out of court.
In addition to filing a claim within designated timeframes, you and your legal representatives must file affidavit of expert documents to avoid case dismissals. The affidavit must be created by a medical expert willing to testify about the severity of the case in court according to § 9-11-9.1. Courts allow 45-day affidavit extensions in certain cases, such as when the plaintiff recently hired an attorney and did not have time to obtain a medical professional’s statement due to the statute of limitations.
Speak with a Roswell Medical Malpractice Attorney Today
Whether you were a victim of recent medical malpractice or are dealing with the repercussions from a medical or surgical error from several years ago, contact an attorney today. One of our Roswell medical malpractice lawyers will go over your case to help you decide how to proceed and what damages you could possibly recover.
Do not hesitate to contact our legal team today. We will be happy to schedule an appointment that suits your needs.