Filing an Emergency Room Malpractice Claim in Atlanta
There is a lot of work that goes into filing an emergency room malpractice claim in Atlanta. You must gather all the relevant medical records and evaluate any other evidence to gain a full understanding of what happened.
Even if you believe it is clear who is at fault for your injuries, state law mandates that all medical malpractice lawsuits be filed with an affidavit from a qualified expert. An experienced emergency room error lawyer would have access to the resources you need to build a strong case, so do not hesitate to speak with an attorney about your potential claim.
Steps Involved in Writing an Emergency Room Error Claim
Writing a claim is an intensive process. The injured patient must identify all the negligent parties in the case and state the bases for the jurisdiction of venue. This means the victim must write a document that details why the court he or she is filing in has the authority to hear the case.
Additionally, the patient will have to write out all factual allegations regarding what happened during the emergency room error and set forth claims for recovery and damages. In other words, the victim must explain what the negligent ER workers did and how it caused him or her to suffer injuries.
Typically, a written lawsuit ends with a prayer for relief, which is a specific request for what the injured patient wants to happen. Someone with little knowledge of the legal system would likely have trouble attempting to draft a legal claim on his or her own, so it would be best to hire a local attorney with experience filing ER malpractice lawsuits.
Requirements for Filing an ER Case in Atlanta
Before an individual can file an emergency room error case, there must be enough information in the lawsuit to determine what the opposing party did wrong. This is called a short and plain statement of the claims. If there is not enough information in the lawsuit, the court may throw the case out.
Another essential requirement in malpractice cases is the expert witness affidavit. The injured party must include a sworn affidavit from a qualified expert who can explain how the medical professional in question deviated from the standard of care and caused the patient’s injury.
It is important to note that the standard for proving negligence in ER cases is much higher than in typical malpractice claims. According to O.C.G.A. § 51-1-29.5, emergency medical providers have tort immunity, meaning the injured patient must prove the liable party was grossly negligent through clear and convincing evidence.
How Is the Injured Patient Involved in Submitting the Claim?
When an injured ER patient has skilled legal counsel, his or her attorney could do all the complicated legal work involved in writing and submitting the case. However, there are some important things the patient can do to assist in the legal process.
The victim should provide his or her lawyer a detailed account of what happened, identify any potential witnesses, and offer all relevant background information. The injured patient will likely also need to sign paperwork to allow the attorney to obtain his or her medical records.
An Attorney Can Help with Filing an Emergency Room Malpractice Claim in Atlanta
The process of submitting a lawsuit is very complex, but it is even more complicated when the claim involves an emergency room error. Any simple mistakes while drafting the lawsuit could lead to a case being thrown out of court. For this reason, it is important to hire a seasoned lawyer familiar with the process of filing an emergency room malpractice claim in Atlanta.
