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How to File a Medical Malpractice Claim in Atlanta

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Posted By Legal Team | March 9 2023 | Medical Malpractice

No one expects to walk away from necessary medical treatment in a worse condition than before they sought treatment. Sadly, many people learn they’ve been harmed by the very professionals held to the highest standards of care, even in Atlanta with Emory’s prestigious School of medicine attracting some of the most respected physicians in the U.S. 

Doctors, surgeons, and other medical providers owe a duty of care to their patients to adhere to the standards of reasonable medical professionals when treating a patient. When they fail in this duty through an act of negligence or a medical error, they are liable for the real damages their action or inaction caused to the patient they harmed.

If you’ve been injured in Atlanta or elsewhere in Georgia through a doctor’s error or the negligence of a medical professional, you have every right to take action to recover damages and achieve a sense of justice. But first, it helps to understand how to file a medical malpractice claim.

Understanding Medical Malpractice Law

While a medical malpractice lawsuit is a type of personal injury case, this is a highly specialized area of law, with some of the best Atlanta medical malpractice attorneys seasoned in this hybrid arena of legal and medical knowledge. One of the first steps in filing a medical malpractice claim is seeking representation by an experienced medical malpractice attorney who understands how to navigate this type of case to maximize your chances of recovering full compensation for your damages.

What to Do After A Medical Malpractice Injury in Georgia

It can be difficult to process the fact that you’ve suffered an injury from the very doctor you trusted with something as critical as your medical care, but once you realize that a medical professional has caused you harm through an error or act of negligence, you can begin to take steps to protect your physical and financial future. The following actions are the first steps in filing a medical malpractice claim:

  • Obtain all medical records from the hospital or treatment facility where the error occurred
  • Bring your medical records and see a trusted physician for a full evaluation
  • Tell the trusted doctor about every symptom and ask for a detailed medical report including the corrective treatment they recommend and your prognosis
  • Keep all medical bills and records
  • Contact an Atlanta medical malpractice lawyer for an evaluation of your case

Statute of Limitations For Medical Malpractice Claims in Georgia

While many cases of medical malpractice, such as incorrect medication, anesthesia error, or wrong-site surgery may be immediately obvious, other dangerous malpractice incidents may remain undiscovered for a significant period. For example, if a doctor fails to order the appropriate diagnostic tests for your symptoms and a year later you learn that you have cancer that has advanced to a further stage, it’s medical malpractice with delayed discovery. Thankfully, Georgia’s 2-year statute of limitations for filing a lawsuit gives recourse to victims of malpractice with delayed discovery. The 2-year time limit for filing medical malpractice claims begins from the date of the incident, OR from the date of discovery of the malpractice.

Filing For A Georgia Medical Malpractice Claim

Your medical malpractice attorney in Atlanta will diligently follow the procedure for filing your claim in the proper jurisdiction and in a timely manner through the following actions:

  • Properly stating the grounds for your injury claim and your demands for recovering damages in the petition
  • Including an affidavit from a medical expert
  • Entering the discovery phase with both sides requesting relevant documents like medical reports, records, and written testimony
  • Attempt to reach a settlement with the doctor’s or facility’s malpractice insurance company for full recovery of damages such as medical expenses, lost wages, diminished earning capacity, loss of quality of life, and pain and suffering
  • Pursue courtroom litigation if unable to come to an acceptable settlement amount
  • Gain compensation for your damages through a positive jury verdict and court award.

If a doctor’s negligence caused you harm, you can recover your losses through a successful malpractice claim. Working with an Atlanta personal injury attorney can help you understand your rights and help navigate this complex and highly specialized area of law.

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