Filing a Bariatric Surgery Malpractice Case in Atlanta
Many people struggling with their weight undergo bariatric surgery in hopes of improving their overall health. While most of these procedures are performed without issue, medical errors can happen.
If you recently underwent a weight-loss procedure and experienced severe complications, consider filing a bariatric surgery malpractice case in Atlanta. Our dedicated attorneys could guide you through the process of recovering compensation.
The Importance of Swift Legal Action
Experiencing an act of medical negligence can be overwhelming. Injured patients may have to undergo additional surgeries or seek rehabilitative treatment after the incident. Understandably, most people in these situations are not thinking about pursuing a lawsuit.
However, it is important to act quickly after a bariatric surgery error, as there is a time limit for filing a claim. In Atlanta, the statute of limitations is two years, meaning injured parties have two years from the date of the incident to file a lawsuit.
After that deadline, the case will be dismissed. There are some rare situations in which the court may extend the statute of limitations, but it is best to seek legal help right away to avoid missing the opportunity to file a claim.
Drafting the Complaint in a Bariatric Malpractice Case
The first step in filing a bariatric surgery malpractice claim is drafting a complaint. A complaint is a legal document detailing all the facts of the case, including:
- The names of the parties involved,
- The medical provider’s error, and
- The patient’s injuries.
In this document, the injured party must state all claims of negligence, request a jury trial, and meet other requirements particular to medical malpractice cases. A skilled attorney could draft a complaint on behalf of an injured patient to ensure the document meets all legal requirements.
Seeking a Medical Expert Affidavit in Atlanta
According to O.C.G.A. § 9-11-9.1, an injured patient must include an affidavit from a qualified medical expert with his or her complaint. The medical expert must sign an affidavit stating that each named defendant committed at least one negligent act or omission. He or she must also state the factual basis for each claim and state that it caused the patient’s injuries. This law prevents patients from filing frivolous lawsuits against bariatric surgeons and other medical professionals.
What is the Attorney’s Role in the Filing Process?
In a weight-loss surgery malpractice case, a dedicated lawyer would handle all the legal elements of the filing process. Legal professionals have the resources to gather documentary evidence, draft the complaint, and find an expert to write an affidavit. This allows the injured party to focus on his or her health.
The patient would only need to sign documents to help the attorney obtain his or her medical records. It is also important that the patient answers the lawyer’s questions fully and truthfully so he or she can present the strongest case possible.
Preparing for Potential Arguments at Trial
Once the lawsuit is filed, injured bariatric patients should prepare themselves for the medical provider’s potential arguments. In most personal injury cases, the negligent party tries to shift some or all of the blame on the filing party or others. This is especially true in bariatric surgery claims.
Many of the individuals who consider bariatric surgery are struggling with severe health conditions. The negligent medical provider may claim that the patient’s preexisting conditions caused the complications. A seasoned attorney could show that the patient’s surgical complications and prior medical conditions were unrelated.
Call Us for Help Filing a Bariatric Surgery Malpractice Case in Atlanta
If you believe your medical provider committed an error while performing your weight-loss surgery, talk to an attorney at Warshauer Woodward Atkins today. Our team has experience filing bariatric surgery malpractice cases in Atlanta. Let us handle the process so that you can focus on your recovery. Contact our firm to schedule a free consultation.
