Common Mistakes in Atlanta Surgical Error Cases
Most surgeries come with risks, but the benefits of the procedure generally outweigh any potential negative consequences. Unfortunately, when a negligent medical provider commits an error, the patient has a much greater risk of experiencing dangerous complications.
If you suffered harm due to a medical error in a recent procedure, you may be able to file a legal claim. A successful lawsuit could lead to a significant amount of compensation, but any missteps in the legal process could hurt your case. Consider talking to one of our qualified attorneys about the common mistakes in Atlanta surgical error cases.
Failing to File an Expert Witness Affidavit in Atlanta
One of the biggest mistakes injured parties make in surgical error cases is failing to file an expert witness affidavit. In Atlanta, all medical malpractice lawsuits must be filed with a sworn statement from a qualified medical expert. This statement must detail how the medical provider’s breach in the standard of care caused the patient’s injuries.
Without this affidavit, the court will throw out the case. Fortunately, a seasoned legal professional could connect injured patients with medical experts to assist in their cases.
Not Suing all Possible Entities in a Surgical Error Case
Another common error in surgical malpractice cases is not suing all the possible entities. There is a misconception that any complications that occur during surgery are the surgeon’s fault. While that is often the case, there can be other responsible parties.
Anyone involved in the operation can bear liability, including the nurse, anesthesiologist, and surgical assistant. Depending on the situation, the medical facility itself could be considered negligent. A skilled attorney in Atlanta could help injured patients identify all the potentially liable parties in their case.
Missing the Filing Deadline
Typically, injured parties have two years from the date of injury to file a surgical error case in Atlanta. Usually, this means two years from the date of the procedure. However, there is an exception for cases involving foreign objects left in the body.
If a surgeon unintentionally left surgical objects in a patient’s body, and the patient did not discover those objects until three years after the procedure, he or she should still be able to file suit. In these cases, the filing deadline is one year from the date the patient learned about the foreign object.
Though there are some rare exceptions to the statute of limitations, it is vital to take legal action as soon as possible. Many injured patients make the mistake of waiting to file their surgical error case and miss the opportunity to claim damages. Reaching out to a law firm soon after the incident is beneficial, as the attorneys have the time and resources to stay ahead of important deadlines.
Contact Us to Investigate Common Mistakes in Atlanta Surgical Error Cases
There are many common mistakes in Atlanta surgical error cases, which is why you should not handle your lawsuit alone. Our team of attorneys could assist you throughout the legal process to ensure everything goes smoothly.
Our attorneys could also answer any questions you have and keep you informed about everything that is happening with your case. Contact Warshauer Woodward Atkins today to schedule a free consultation ad get started on your claim.
