MEDICAL MALPRACTICE ATTORNEY IN ACWORTH GEORGIA
Medical malpractice cases are hard to win so it is important to find an experienced Acworth attorney to review your case. The attorneys at Williams Elleby have years of experience with medical malpractice claims and offer free consultations. Our firm handles medical malpractice cases throughout the State of Georgia and our main office is in Kennesaw. We love our Acworth friends and neighbors and it shows because Around Acworth Magazine readers have honored our firm with the Readers Choice Award several years in a row.
SEARCHING FOR THE BEST ACWORTH MEDICAL MALPRACTICE ATTORNEY
Acworth has a number of good attorneys but very few are well versed in medical malpractice litigation. Victims of medical malpractice must be extra careful and make sure they hire an attorney that has the knowledge, experience, and resources to handle medical malpractice cases. Why?
Medical malpractice cases are governed by special rules and laws. For example, medical errors that are made in an emergency setting are governed by an entirely different set of rules than those that occur in a non-emergency situation. In emergency care cases, the victim must prove by “clear and convincing” evidence that the physician’s actions constituted “gross negligence.” O.C.G.A. § 51-1-29.5
For non-emergency medical malpractice cases, you must show that the doctor or nurse breached the standard of care. In Georgia, this is done by hiring one or more medical experts to review the medical records. Once the expert(s) reviews the relevant records, he or she will give an opinion as to whether the treating doctor failed to meet the care required by Georgia law set forth in O.C.G.A. § 51-1-27 which states:
A person professing to practice surgery or the administrating of medicine for compensation 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.
Finding the right expert is no easy task and you will need an attorney that knows how to find a reputable, experienced, and credible expert for your medical malpractice case. The attorneys at Williams Elleby can help you find the best medical experts for your case. Just give us a call at 833-LEGALGA.
WHY IS IT SO HARD TO FIND A MEDICAL MALPRACTICE ATTORNEY?
Doctors and their insurance companies do not like to admit when they make mistakes. In most cases, doctors and their insurers will fight to avoid liability. These fights are expensive because lobbyists that are paid by tort reform organizations convinced the Georgia legislature to pass laws protecting doctors from medical malpractice cases.
Medical cases are also intellectually difficult to evaluate and pursue. The human body is complex and the medical techniques and medicine that are used to treat ailments are complicated. Every case is unique and it takes a lot of time and money just to evaluate a medical malpractice claim. Medical malpractice cases are never as simple as a “who ran the red light” case and many attorneys do not have the time or resources to properly evaluate them.
MOST COMMON ACWORTH MEDICAL MALPRACTICE CASES
Although every medical malpractice case is unique, there are several types of medical mistakes that our firm routinely encounters. Some examples include:
- Anesthesiology errors
- Medication errors
- Obstetrical errors and birth injuries
- Delayed diagnosis of cancer or infections
- Surgical errors
- Failure to provide timely care
As one may imagine, most mistakes that physicians makes while treating patients result in significant harm. Sometimes the harm is not realized by the patient until many months or years later so it is important to be aware of the time limits in Georgia for bringing a medical malpractice claim. The law refers to these time limits as the Statute of Limitations or the Statute of Repose.
Acworth citizens should be aware of the following time limitations for bringing a medical malpractice case:
- Most Cases: Most Georgia medical malpractice cases must be filed within two years after the date on which an injury or death arising from a negligent act or omission occurred. O.C.G.A. § 9-3-71(a);
- Misdiagnosis Cases: When a misdiagnosis results in an injury that is discovered subsequent to the misdiagnosis, the statute of limitations runs from the date symptoms attributable to the new injury are realized by the Plaintiff. Walker v. Melton, 227 Ga. App. 149, 151 (1997);
- Foreign Object Limitations: Plaintiff must file a lawsuit within one year of discovering that a foreign object has been left in his or her body. O.C.G.A § 9-3-72;
- Minors and Legally Incompetent Persons: Individuals who are legally incompetent and children that have reached the age of five are subject to the two year statute of limitations in medical malpractice claims. However, children who are younger than five shall have two years from the date of his or her fifth birthday within which to bring a medical malpractice action if the cause of action arose before the child attained the age of five years. O.C.G.A. 9-3-73(b).
- Statute of Repose: All medical malpractice actions must be brought within five years after the date on which the negligent or wrongful act or omission occurred. O.C.G.A. § 9-3-71(b); Brooks v. Meriwether Memorial Hospital Authority, 246 Ga. App. 14 (2000).
CALL OUR ACWORTH MEDICAL MALPRACTICE ATTORNEYS TODAY FOR A FREE CONSULTATION
If you have been injured due to the negligence of a doctor or other medical professional, our Acworth medical malpractice attorneys are here to help. You can reach us at 833-LEGALGA to schedule your free consultation.