Vinings Medical Malpractice Lawyer
Anytime someone visits a doctor or hospital for a procedure, there is the possibility that something may go wrong and she comes out worse than when she went in. If the mistakes that lead to such an unfortunate result fall below the accepted level of competency for doctors, injured patients can file medical malpractice claims. A qualified Vinings medical malpractice lawyer could help you evaluate your experiences with medical professionals to determine if malpractice took place, and to pursue negligent practitioners for damages. Read on to learn more about how a dedicated injury attorney could offer you their assistance today.
What is Medical Malpractice?
All medical professionals in Georgia are required to obtain a license before they are permitted to practice medicine in the state. However, their obligations for education and competence do not end with this single certification. Doctors are required to render treatment that meets a reasonable standard of care. This standard requires doctors to perform their duties to help patients at least as well as another doctor reasonably would under identical or similar circumstances and conditions. The question of whether poor care amounts to malpractice rarely has a black and white answer. Instead, a judge or jury is usually asked to use their best judgment as to whether the care was appropriate under the circumstances.
The Role of Medical Professionals in Vinings Malpractice Cases
When evaluating the merits of the case and presenting evidence in court, almost all medical malpractice cases will depend on the testimony of a professional, third-party witness. This is because malpractice claims involve scientific evidence that others are not qualified to comment upon. Indeed, Georgia law requires that a plaintiff consults with a professional before the case can be filed in court. Specifically, O.C.G.A. § 9-11-9.1 requires plaintiffs in certain cases, including lawsuits against healthcare professionals relating to medical care, to submit an affidavit from a medical professional stating that there was at least one departure from the standard of care that caused injury to the plaintiff. For this reason, an experienced Vinings medical malpractice lawyer will often maintain relationships with doctors throughout the state and work with them to evaluate potential claims and prepare documentation to be given at trial.
What is the Statute of Limitations for a Medical Negligence Case?
No matter how severe the alleged malpractice, the claim may still fail if it is not filed in court in a timely manner. This is known as the statute of limitations. Under O.C.G.A. § 9-3-71, any claim for medical malpractice must be initiated no more than two years from the date of the malpractice. There are a few exceptions, and in rare cases, someone could have as many as five years from the date of the incident.
Removal of Damage Caps
In addition, Georgia’s Supreme Court has ruled that caps on damages in malpractice claims are unconstitutional. As a result, plaintiffs can make claims for not just medical costs associated with the malpractice, but also for pain, suffering, and loss of enjoyment of life. Reach out to a determined injury attorney to learn more.
How a Vinings Medical Malpractice Lawyer Could Help
Any claim alleging medical malpractice is a complicated and serious matter. A weathered Vinings medical malpractice lawyer could work to investigate claims of malpractice and help you hold negligent doctors, dentists, and hospitals responsible for their poor care. If you believe you have been harmed by substandard care of a medical professional, do not hesitate to contact a Vinings medical malpractice lawyer today for your initial consultation.
