Atlanta Medical Malpractice Case Process
If you or a loved one suffered injuries or illness due to medical malpractice in Atlanta, you may be wondering what would be involved if you decided to take legal action. Filing a lawsuit is an unfamiliar experience for most people, and medical malpractice cases are notoriously complicated.
You may be concerned about your participation in the process, how long things take, and whether the process is invasive. The best way to find out about the Atlanta medical malpractice case process in your particular situation is to talk to a malpractice lawyer.
Each client’s experience is different, so no two cases will proceed exactly alike. However, there are some common aspects of the process in most medical malpractice claims. To account for either, attorneys who rely on the experience of an in-house doctor and cutting-edge technology could be of help to you.
Investigating the Cause and Liable Parties
Some of the first steps in an Atlanta medical malpractice case involve investigating the causes of the illness or injury suffered by the patient and the potential medical malpractice. Many parties could be potentially liable for medical negligence, so it is important to learn which parties contributed to an action or decision to avoid taking needed action.
For example, a doctor may have failed to diagnose an infection or order a test that would normally be expected given the existence of the symptoms. The doctor may be negligent in failing to act, but the doctor may not be the only party responsible. The doctor may have been acting in response to a hospital policy that restricts the use of necessary tests or denies doctors adequate time to conduct examinations. In that case, the hospital could be liable as well.
What are the Requirements for Obtaining an Expert Affidavit?
State law requires any patient alleging medical malpractice to file an affidavit from a medical expert at the time the patient initiates the lawsuit. Therefore, a crucial stage in the medical malpractice case process in Atlanta is seeking a qualified expert and making that expert familiar with the facts of the case, including the results of the investigation into the causation of the injury.
Under the requirements of O.C.G.A. §9-11-9.1, the medical expert must prepare an affidavit that specifically explains at least one act of medical negligence claimed by the patient and the factual basis for making that claim. The act of negligence may be an act of commission or omission. This means that the claim could be based around a medical practitioner’s negligent performance of an action or negligent failure to take action that should have been performed under the circumstances.
What is the Process of Drafting and Filing the Complaint?
In most medical malpractice cases in Atlanta, the process involves a malpractice attorney preparing and filing a legal complaint along with the accompanying affidavit and other required materials. While it is not essential to make use of a lawyer when filing a medical malpractice claim, it is critical to follow the court’s directions for filing paperwork and conducting proceedings.
The complaint should explain the reasoning behind the malpractice claim and discuss the evidence provided. Often, cases are decided largely based on written information submitted in advance of any live proceedings in court, so it is vital to ensure that written submissions are as complete and persuasive as possible.
More Information About the Atlanta Medical Malpractice Case Process
Once a case is filed, the insurance company or provider may review the facts and decide that it makes sense to settle the case before continuing with the legal process. The parties involved may conduct formal legal discovery to gather more information. This discovery could take the form of written questions, oral depositions, or requests to provide documents.
An experienced medical malpractice lawyer could explain the process in detail and what you might expect in your particular case. If handled appropriately, the Atlanta medical malpractice case process could provide a means to achieve justice for a patient suffering from the effects of medical negligence. Call today for a free case review and to speak directly to a lawyer who takes calls after hours.
