Savannah Medical Malpractice Lawyer
People trust doctors and other healthcare professionals in Savannah to take actions and make decisions that improve their health. Unfortunately, sometimes the actions of medical professionals cause harm instead.
When that happens, a dedicated Savannah medical malpractice lawyer may be able to help you obtain compensation for your injuries. However, it is important to act quickly in order to preserve evidence and comply with the Georgia statute of limitations for medical malpractice, so it is wise to call a compassionate personal injury attorney as soon as possible after an injury suffered at a doctor’s hands.
Time Limits for Filing Medical Malpractice Claims
O.C.G.A. §9-3-71 establishes both a statute of limitations and a statute of repose for medical malpractice cases, but other sections of the code allow for certain exceptions. In most cases, a medical malpractice lawsuit must be filed within two years after the negligent or wrongful act which lead to an injury or death.
If, however, a foreign object such as a medical instrument is left inside the body of a patient, the statute of limitations is based not on the date the medical negligence occurred but on the date such negligence was discovered. In such cases, a medical malpractice lawsuit must be filed within one year of the discovery, according to O.C.G.A. §9-3-72.
In addition, the two-year limitation period may be extended for minors who suffer injuries. It may also be delayed in certain special situations, such as situations involving fraud or concealment.
Regardless of other circumstances, the Georgia statute of repose specifies that no action for medical malpractice may be filed more than five years after the incident of negligence or wrongdoing that led to the injury. Because the limitations periods vary depending on circumstances, it is wise to avoid delay and to consult a Savannah medical malpractice lawyer for clarification regarding particular situations.
Identifying Liability for a Healthcare Provider
As in most negligence cases, to hold another person liable for injuries in a medical malpractice case, the individual who suffered harm must prove several elements of legal negligence. Specifically, they must prove the medical professional involved owed them a duty of care, that professional failed to fulfill that duty, the professional’s conduct directly caused the victim to suffer harm, and that harm is at least partially physical in nature and can be quantified.
For instance, a doctor or medical professional or the hospital that employs them may be held liable for:
- Failing to diagnose a condition
- Improperly treating a condition
- Committing errors in surgery
- Delaying treatment of a condition
- Injuring a patient during treatment
Doctors and others in the medical profession owe it to their patients to provide a reasonable standard of care. As such, a large component of many medical malpractice lawsuits consists of demonstrating what the level of care should have been and how the doctor failed to provide reasonable care by that metric. Savannah medical malpractice lawyer must use expert witnesses to prove these elements of the case.
Speaking with a Savannah Medical Malpractice Attorney
People who suffer injury due to the failings of those in the medical profession may be entitled to recover monetary damages to compensate for losses such as past and future medical expenses, lost wages, pain and suffering, emotional distress and other consequences stemming from the negligence or wrongdoing. Each case is unique, but the sooner action is taken in any such situation, the easier it often is to find and preserve available evidence.
So, if you or a loved one relied on a doctor who let you down, a Savannah medical malpractice lawyer could help you learn how to obtain the compensation to which you may be entitled to your injuries. Call today for a free case review.