Dougherty County Emergency Room Errors Lawyer
Emergency rooms were created as places where anyone could go to seek immediate medical attention. Although millions of Americans benefit from emergency room services each year, some do not experience any benefit and actually suffer harm instead.
If you or a family member are in the latter group of patients who sought the services of an emergency room, a seasoned Dougherty County emergency room errors lawyer may be able to help you. If the error occurred out of gross negligence and you suffered an injury and damages, you could be entitled to compensation under Georgia laws and a seasoned medical malpractice attorney may help.
What Causes Emergency Room Errors?
Emergency room errors could be committed by any healthcare provider working in an emergency room setting across America. While some may be small and not cause any harm to the patient, others are serious and even deadly. The common denominator that most emergency room errors share is the negligence of either the hospital or an employee. Common causes of emergency room errors include:
- Understaffing,
- Inadequate training,
- Poor communication between staff,
- Defective or inadequate equipment, and
- Carelessness or distraction.
Any of these causes could lead to a patient receiving a wrong medication, an overdose of medication, a wrong treatment, a lack of or delay in necessary care, or wrong diagnosis, just to name a few of the potential adverse outcomes. For more accurate results, victims should reach out to an accomplished attorney who could rely on cutting edge courtroom technology and an in-house medical doctor for an analysis of injuries.
Dougherty County Emergency Room Errors Filing Requirements
Georgia law gives patients who are victims of emergency room errors the legal right to seek compensation for their losses. However, they must follow the filing requirements for doing so.
Statute of Limitations
One of the most important filing requirements for potential claim holders to be aware of is the statute of limitations. This statute found in O.C.G.A. § 9-3-71 gives a two-year time limit for the patient or her Dougherty County emergency room errors attorney to file the case. If this deadline expires and the case is not filed, victims would likely never be able to receive compensation for their injuries.
Affidavit of Expert
Under O.C.G.A. § 9-11-9.1, when a medical malpractice case is filed, an expert affidavit must be filed with it. The expert affidavit must be completed by a medical expert with recent experience in performing the procedure, diagnosing the condition or rendering the treatment which is alleged to have been done negligently. The affidavit is the expert’s sworn statement that the wrongdoer committed at least one act of negligence.
If obtaining the affidavit would delay the filing of the case past the statute of limitations, the law allows for a 45-day extension under certain circumstances. The sooner a victim speaks to an emergency room errors lawyer in Dougherty County, the better the chances could be that his or her case would be filed within the statute of limitations and with an expert affidavit.
Clear and Convincing Evidence of Gross Negligence
Of course, when it comes to emergency room errors, cases are exceptionally challenging to prove because the standard of care and burden of proof is often different from other instances within hospitals. Per O.C.G.A. §51-1-29.5, the evidence must be clear and convincing to bring a case against an emergency room medical professional. Further, it is not enough to prove ordinary negligence. For emergency room errors, the plaintiff must prove that the negligent provider was grossly negligent.
Reach Out to a Qualified Dougherty County Emergency Room Errors Attorney
When pursuing your legal rights as an injured individual, it is essential that you do so within the requirements of the law. If you do not, your case may be dismissed by a judge, or not worth pursuing at all. You may never see compensation for your injuries.
By being well-versed in these requirements, an experienced Dougherty County emergency room errors lawyer could help you receive a monetary award or settlement based on your damages. Take your first steps toward compensation by reaching out at any time to speak directly to an attorney for a free case review.
