Atlanta Surgical Error Case Process
There are many steps in the Atlanta surgical error case process. In addition to drafting all the filing paperwork, you must find an expert witness, submit your evidence, and present your arguments before the court. Handling all of this on your own can be challenging, especially if you are still recovering from a surgical error.
If you are considering taking legal action against a negligent medical provider, speak with an Atlanta surgical error lawyer as soon as possible. The legal team at Warshauer Woodward Atkins could help you navigate the claims process and recover compensation.
Determining the Validity of a Surgical Error Case
A surgical error case typically begins with an initial phone consultation with a lawyer. The injured party will describe his or her experience, and the attorney will ask some questions and determine whether there is a valid case. The patient’s family may also come to this meeting to share anything they witnessed before, during, and after the surgery.
It is crucial that injured parties and their families share everything they can remember about the incident in this initial meeting. If the lawyer believes there is a potential case, he or she might start by obtaining all of the patient’s medical records related to the surgery and follow-up care.
After analyzing the medical records, the attorney should be able to identify what went wrong during the surgery. The documents could also help the lawyer determine whether the medical providers’ response to the errors or complications was timely.
Completing the Filing Paperwork for a Lawsuit in Atlanta
After reviewing the patient’s medical records, a lawyer would begin drafting the filing paperwork. Georgia law requires injured parties to submit a complaint and an affidavit from a qualified medical professional.
A complaint is a document that names all the parties in the case, including the negligent medical professionals and the injured patient. In a wrongful death case, the complaint would name the beneficiaries of the patient’s estate. This document also details what the at-fault parties did wrong and the consequences on the patient.
According to O.C.G.A. § 9-11-9.1, the injured party must submit an affidavit from a qualified medical professional along with the complaint. The medical expert should review the case and write a sworn statement verifying a breach in the standard of care led to the patient’s injuries. An attorney familiar with the statutes governing surgical error cases could help injured parties find qualified medical experts for their cases.
The Discovery Process and Motions Practice
After filing the initial paperwork and before going to trial, both parties must go through the discovery process. During this step, both parties exchange information, take depositions from witnesses, and gather all the evidence needed to prove their case.
After the discovery process is motions practice, where the negligent party can argue to limit the issues in the claim or throw out the case entirely. If the court does not move to dismiss the case, it will go to trial. At any point in this process, the parties can decide to settle the surgical error case outside of court.
Understanding the Trial Process
At trial, both parties must go through a process known as voir dire to select an impartial or unbiased jury. During this stage in the surgical error case, both parties ask potential jurors questions to determine whether they are biased toward either side.
Once the jury is selected, both parties present their opening statements. Next, the injured party’s attorney presents his or her evidence, which typically includes calling up witnesses to testify. The medical provider’s attorney has the opportunity to cross-examine each witness.
When the injured party is done putting up witnesses, it is the medical provider’s turn to present evidence and call up witnesses. The injured patient’s counsel will also have the opportunity to cross-examine those witnesses. Once the defense rests their case, the injured party’s counsel may either enter rebuttal evidence or close the case.
After the case is closed, the judge will instruct the jury on the law, and each side will present their closing arguments. Then, the jury deliberates and renders their verdict.
Our Lawyers Understand the Atlanta Surgical Error Case Process
Surgical error cases are more complex than the typical personal injury claim. This is a specialized field of law, so it is crucial that you seek help from an experienced attorney.
Our attorneys have a deep understanding of the Atlanta surgical error case process and could improve your chances of succeeding in court. Contact the firm today to schedule a free consultation with one of our dedicated lawyers.
