DeKalb County Medical Malpractice Lawyer

Speak to a proven DeKalb County medical malpractice lawyer if you think that you or someone close to you has suffered due to medical malpractice. Although mistakes can happen, negligence and recklessness are inexcusable.

This behavior should not be allowed to continue. To get the justice you deserve and prevent this from happening to others, speak with an ethical and aggressive attorney who can fight for you.

The Local Statute of Limitations

Before filing a medical malpractice lawsuit, a person must consider the statute of limitations on such cases in Georgia. This statute is a law that specifies the period of time a person has to initiate a case in Georgia’s civil court system.

According to Georgia law, a victim of medical malpractice has up to two years to initiate a medical malpractice lawsuit from the date of the injury or death caused by a wrongful act or negligence or omission. A thorough DeKalb County medical malpractice lawyer can help ensure viable claims are filed on time so that they are not barred due to the statute of limitations.

Expert Affidavit Requirement

In addition to the initial complaint, the victim must submit an affidavit signed by a qualified medical specialist who will testify on the malpractice victim’s behalf. This specialist will provide a sworn opinion regarding the negligence of the health care provider against whom the lawsuit is being filed.

This requirement is extremely important. If a person fails to have a medical professional submit an affidavit within the required period, the case may be dismissed. However, there may be an exception if the person only recently hired a lawyer and the statute of limitations is approaching. That is why it is important to speak with a knowledgeable attorney at the earliest possible opportunity after an instance of medical malpractice.

Damages Caps on Medical Malpractice Claims

There is no limit on the compensation that someone can get for economic damages due to medical malpractice in Georgia. This covers loss of future income, past and future medical costs resulting from the malpractice, lost earnings, and other economic losses caused by this terrible medical incident.

In 2005, Georgia lawmakers did pass caps on non-economic damages in medical malpractice suits. These are damages that include more intangible losses such as pain and suffering, mental anguish, and loss of enjoyment of life. However, in 2010, the Georgia Supreme Court declared these caps unconstitutional. This means that there are currently no caps on economic and noneconomic losses.

The only type of damages currently capped in Georgia medical malpractice cases are punitive damages. These are damages awarded to the injured party to punish the negligent party. Because these are not actual damages the victim suffered, they are capped at $250,000, although there are exceptions to the cap.

Speaking with a Reliable DeKalb Medical Malpractice Attorney

Suffering a serious injury or losing a dear one owing to the negligence of a medical professional is tragic. Do not get overwhelmed by the enormity of the situation. Seek the assistance of a hardworking team of medical malpractice attorneys. We even have an in-house doctor to make this process as easy as possible for you.

Do not try to navigate the complexities of medical malpractice law alone. Work with a team of passionate DeKalb County medical malpractice lawyers who can help. Call today to learn more.

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