Medical Malpractice Attorneys
In Georgia, a medical doctor must “bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.” However, several studies have shown that 70 to 80% of medical malpractice jury trials result in a defense verdict.
Medical malpractice cases may be the toughest of any “type” of personal injury case to win. There are two reasons for this:
(1) Lobbying groups for medical malpractice insurance companies convinced the Georgia legislature to pass laws that discourage medical malpractice claims
(2) Most people do not want to believe that doctors make mistakes.
The truth is that most medical professionals are very skilled and care deeply about their patients. However, no one is perfect and mistakes do happen. These mistakes do not always amount to “malpractice.”
What is Medical Malpractice?
For a doctor to be liable for malpractice, he or she must breach the “standard of care.” This means that doctors must exercise such reasonable care and skill for their patients as is ordinarily employed in the medical profession under similar conditions and circumstances. In cases arising in Georgia emergency departments, Plaintiffs must prove gross negligence by clear and convincing evidence.
How Can I Prove Medical Malpractice in Georgia?
How do injured patients prove their doctor breached the standard of care and committed malpractice? In Georgia, this is done with expert testimony. Malpractice cases usually require expert testimony from someone in the same profession as the negligent doctor setting forth the applicable standard of care and how it was breached. Georgia law requires that the expert be someone who regularly engaged in the practice or teaching three of the past five years in the same area or practice or specialty.
In most cases, the Plaintiff must include an affidavit from the expert when filing the lawsuit. Anyone who files a medical malpractice case in Georgia must pay careful attention to the requirements of O.C.G.A. § 9-11-9.1 because it is the statute that must be followed regarding expert witness affidavits in professional malpractice cases.
Medical malpractice cases can arise from the negligence of doctors in many areas, including:
- Anesthesiology Errors
- Surgical Errors
- Foreign Objects left in Body
- Delayed Diagnosis of Cancer or Infections
- Nursing Home Negligence
- Medication Errors Obstetrical
- Errors/Birth Injuries
- Battery (Intentional Acts or Unauthorized Treatment)
- Failure to Report Child Abuse
Hiring a Medical Malpractice Attorney in Georgia
In Georgia medical malpractice cases, you will need a top medical malpractice attorney who can bring a lawsuit within two years from the date the malpractice occurred. The two-year limitation does not apply when a physician leaves a foreign object in a patient’s body. In those cases, you must bring the lawsuit within one year of the discovery of the wrongful act. See O.C.G.A. § 9-3-72.
If you have been injured by the negligence of a doctor or medical professional in Georgia, it is extremely important to find the best medical malpractice attorney as soon as possible. It takes months to gather all the necessary medical records and locate a medical expert that can evaluate your case.
Williams Elleby offers free consultations in medical malpractice claims. Call today to discuss your case.