Medical malpractice is a serious issue in Georgia and across the United States. Primary care physicians, emergency room workers and even surgeons can make major mistakes on the job that have catastrophic consequences for their patients. In some cases, those errors are serious enough to warrant claims of medical malpractice. Both patients and those who lost a loved one due to medical errors or negligence may have grounds for a medical malpractice lawsuit.
What steps are typically necessary when pursuing a medical malpractice lawsuit in Georgia?
Secure medical records
To prove that medical malpractice occurred, people need evidence about what transpired in a hospital or at a medical appointment. The internal records maintained by the care provider are a key component of a malpractice lawsuit. Patients generally have the right to access their own medical records. Family members may be able to request records with the right procedures if a patient dies.
Evaluate the situation carefully
For people to pursue a medical malpractice lawsuit in Georgia, they have to meet two critical standards. The first is that the medical professionals providing care failed to adhere to current best practices. The second requirement is proof that the negligence or mistake harmed the patient and generated economic losses. Reviewing medical records with an outside physician can help concerned individuals validate that deviations from care standards occurred. Discussing the case with an attorney can help them identify economic losses and evaluate the strength of their case.
Calculate the impact
Personal injury litigation, including medical malpractice lawsuits, may require a request for a specific amount of damages. Plaintiffs can seek to recover medical expenses and lost wages. Depending on the circumstances, they may also be able to add certain non-economic losses to the lawsuit. A lawyer’s insight can help families properly quantify the impact of malpractice.
File the necessary paperwork
Those affected by malpractice may need to file a complaint with the Georgia Composite Medical Board (GCMB). Doing so triggers an investigation that can help substantiate their claims of malpractice. Plaintiffs must also file paperwork with the courts. The lawyer representing the plaintiffs in a medical malpractice lawsuit typically handles the preparation and submission of court documents. Those hoping to pursue medical malpractice lawsuits generally need to act quickly, as claims are subject to a three-year statute of limitations in most cases.
There is a strict five-year statute of repose that applies even in unusual circumstances. Many malpractice lawsuits eventually settle, as facilities and care providers usually have insurance coverage that can provide relief to plaintiffs.
Negotiating with insurance companies and preparing for litigation in case negotiations fail can be very difficult without the support of an experienced medical malpractice lawyer. Those affected by medical negligence or unprofessional care standards often need assistance with every stage of a medical malpractice claim. Those who consult with a lawyer early may have the best chances of obtaining justice after a major malpractice incident.