Medical Malpractice

Being treated by a physician requires trust. In most cases, you can trust in the doctor’s education and experience, and you can see that they have the best intentions to help you. But what do you do when, because of circumstances outside of your control, you can no longer give the benefit of the doubt?  A medical malpractice case may be the solution to the wrongdoing you have experienced.

4 Key Signs of Medical Malpractice

Even the best doctors do not always know the answer. This can make it difficult to identify malpractice — were they truly doing their best or were they hasty and negligent in their treatment?

  1. Your surgery resulted in an injury. Any surgery comes with some level of risk, but that just means that surgeons need to be extraordinarily careful throughout every step of the process. Performing the wrong surgery, using the wrong tools, or using tools that haven’t been properly sterilized is grounds for a medical malpractice case.
  2. You aren’t getting better. Seeing a doctor for a prolonged period of time should ultimately lead to a solution. This may not be the case if the doctor did not take your situation seriously, prescribed the wrong medication, or recommended an unnecessary surgery.
  3. Your doctor admits fault. If you saw a doctor for an illness or condition, experienced an injury during your treatment, and the doctor admits that they made a mistake, you may have a viable case.
  4. You feel like something is off. You may not claim to know more about the medical field than your doctor, but your instincts can sometimes be right. If your doctor diagnosed you with a serious condition after limited testing or their recommended treatment doesn’t fit your condition, you may want to listen to your gut and inspect the issue further.

Challenge Your Doctor’s Negligence

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Medical Malpractice Laws in Georgia

Every state handles medical malpractice differently. There are a few key Georgia laws that may affect how your case pans out. These include:

  • A medical malpractice case must be filed within two years of when the incident occurred — with few exceptions.
  • If the error could not have been discovered right away, you may have up to five years to file your case. If a foreign object is left in your body after a surgery, you must file a claim within one year of discovering the object.
  • In addition to your initial claim, you need to file an expert affidavit in which another physician must state that the doctor or health care provider has committed at least one negligent act.

If you try to begin a case without following the parameters outlined above, the court will likely dismiss your case before it even starts. Details and timelines are crucial — which is why it is extremely helpful to enlist the help of an experienced attorney.

Delegate to Our Medical Malpractice Lawyers

Doctors are required to take an oath to do no harm. When they fail to uphold this oath due to negligence or omission, patients are sometimes the ones who suffer for their mistakes. If you have been the victim of medical malpractice in a hospital, medical office, or clinic, you may be entitled to monetary damages. Let Justin T. Jones, PC guide you through the process. Contact us to get started.