Gwinnett County ER Error Lawyer
If you or your loved one has been hurt because of medical negligence in an emergency room, the healthcare provider could be held liable for your injuries and other damages. It is critical to consult with a Gwinnett County ER error lawyer right away if you have suffered this type of injury. Georgia law affords certain protections to emergency room physicians that could make proving fault in such cases extremely challenging, but a skilled personal injury attorney could fight relentlessly to hold the culpable parties accountable for acts of negligence with the use of cutting-edge technology.
Common Examples of Emergency Room Errors
Unfortunately, the fast-paced, unplanned nature of emergency rooms may increase the likelihood of mistakes being made. Common examples of emergency room errors that could cause grave patient injuries include:
- Delayed diagnosis or treatment,
- Failures to diagnose a patient,
- Laboratory mistakes,
- Misdiagnosing a patient,
- Prescription mistakes,
- Infected blood transfusions,
- Failing to properly check or treat a patient, and
- Failing to properly observe a patient.
Gwinnett County ER Error Laws
While most medical malpractice cases in the State of Georgia may be founded on the legal doctrine of negligence, a higher burden must be met in cases involving emergency room errors. Pursuant to O.C.G.A. §51-1-29.5, to hold a medical professional liable for an emergency room error, the victim must prove by clear and convincing evidence that the medical provider’s actions constituted gross negligence. An ER error attorney in Gwinnett County could help an injured patient determine whether his or her losses were due to gross negligence.
Mandatory Expert Affidavit
Under O.C.G.A. § 9-11-9.1, in order to file a lawsuit against a medical provider, the injured party is also required to supply an affidavit of merit. The affidavit must be completed by a qualified licensed physician and affirm his or her conclusion that the medical provider committed at least one act of negligence that caused the patient’s injury, along with fact-based support for that conclusion.
Generally, the affidavit must be filed at the same time as the lawsuit. However, in cases where the statutory deadline is close and client only recently secured an attorney, the court may grant a 45-day extension to the affidavit filing timeline.
Deadline to File a Lawsuit
A Gwinnett County ER error victim has just two years from the date he or she is injured to file a lawsuit, making it vital that a qualified attorney is sought as soon as possible. The law also establishes a five-year statute of repose, which means that even if the victim is not aware of the injury right away, he or she may not file a lawsuit more than five years after the alleged error.
Certain rare exceptions may apply to the statutory deadlines, such as when a foreign object is left in the victim’s body. If the person retains a surgical object, he or she is afforded one year from discovering the object to initiate lawsuit proceedings.
Comparative Fault
In certain cases, the court may find that both the medical provider and the victim bear part of the fault for the victim’s injuries. Georgia courts follow the modified comparative fault rule when awarding financial damages, which means that a victim’s compensation award could be diminished or forfeited depending on his or her share of liability.
As long as the victim’s share of liability is 49 percent or less, that victim would still be able to collect compensation for losses. However, a victim’s compensation amount would be reduced according to his or her percentage of fault. If a victim is 50 percent or more to blame, he or she may recover nothing.
Because of these high stakes, it is important for victims to work with an attorney who could rely on the testimony and insight of an in-house medical professional.
Speak with a Gwinnett County ER Error Attorney Today
If the statutory deadline for your potential case is fast approaching, it is wise to speak with a Gwinnett County ER error lawyer at once to ensure your right to compensation is well protected. Schedule your introductory attorney consultation and case review for free today. Attorneys are ready to speak directly to you and are willing to take calls after hours.
