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Atlanta Medical Malpractice Lawyer

Atlanta Medical Malpractice Lawyer

Medical malpractice refers to the negligence of a health care professional that causes a patient’s injury or death. Most patients cannot imagine a physician or surgeon making an egregious error that results in lifelong damages. Yet medical malpractice occurs daily. When doctors or hospitals make negligent mistakes, patients can suffer the consequences. The Atlanta medical malpractice lawyers at Fischer Redavid PLLC help injured patients seek justice and financial compensation for medical malpractice. Find out how we can help you at (954) 860-8434.

How Long Do You Have to File a Medical Malpractice Lawsuit in Georgia?

Do not wait to call an Atlanta medical malpractice lawyer after suffering an injury or a loved one’s death at the hands of negligent medical practitioners. Waiting too long could result in losing your right to file if you miss the statute of limitations. The deadline to bring a medical malpractice lawsuit in Georgia is two years from the date of injury or death.

If the patient does not realize his or her injuries until a later date, that patient has no longer than five years after the malpractice occurred to file (the statute of repose). The only exception is if someone left a foreign object in the patient’s body cavity. In these cases, the patient must file within one year after discovering the medical negligence.

How Do You Prove Medical Negligence?

The burden of proof in a medical malpractice case falls on the injured patient, or the plaintiff. This burden states that the plaintiff must demonstrate the defendant’s responsibility for causing the damages in question. Four basic elements of proof are necessary to prove medical negligence in Georgia.

  1. Duty. The plaintiff’s attorney must establish that a doctor-patient relationship existed at the time of the malpractice. Thus, the defendant owed the plaintiff a duty of care.
  2. Breach. The defendant must have breached his or her duty of care to the patient. A breach could be a misdiagnosis, medication error, surgical mistake, birth injury, or another form of medical negligence.
  3. Causation. The defendant’s medical negligence must have caused the injury or death in question. If the patient had a terminal illness and would not have recovered regardless, for example, the defendant might not be responsible for wrongful death.
  4. Damages. The plaintiff’s lawyer must show that the defendant’s actions caused specific damages. These may include medical bills, pain and suffering, or the death of a loved one.

Proving medical negligence takes evidence against the defendant. Evidence may come in the form of eyewitness statements, medical records, complaints against the doctor or hospital, photographs of the facility, or testimony from a medical expert. An Atlanta medical malpractice lawyer can help you gather all available evidence to support your case.

How Much Is the Average Medical Malpractice Settlement?

Achieving a medical malpractice settlement could pay for all your losses and damages relating to the physician’s negligence. The Georgia courts permit injured patients to recover for their past and future medical bills, pain and suffering, lost wages, lost quality of life, and other economic and noneconomic damages relating to the incident. The courts may also award punitive damages in cases involving gross medical negligence.

It is impossible to establish an average settlement amount because each case is unique. In general, more serious injuries demand higher amounts of compensation. Review our past case results for an idea of the compensation awards we can achieve for our clients. Speak to our attorneys if you wish to receive a custom evaluation of your specific claim. Working with an Atlanta medical malpractice lawyer can maximize your recovery amount.

Do You Need a Medical Malpractice Lawyer?

Medical malpractice claims are difficult to handle on your own. Navigating Georgia’s laws, fulfilling the affidavit of merit requirement, meeting deadlines, and proving medical negligence are hard if you do not have legal experience. Hiring a Atlanta medical malpractice lawyer is the best way to protect your rights and present a strong case against a doctor, surgeon, hospital, drug manufacturer, pharmacy, or other party in Atlanta. Contact Fischer Redavid PLLC today for a free consultation about your medical malpractice case.

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