Georgia ranks 16 on a national level among the states with the highest annual malpractice costs per person. Medical malpractice claims are those arising due to the negligence of a health professional. The person handling them is usually an experienced Georgia medical malpractice attorney. The defendant to the claim can be a physician, a surgeon, a nurse, or another healthcare provider. The claim can cover losses from any or all of the following categories:
Depending on the circumstances of each case, malpractice claims can reach huge amounts. Some states set certain limits to the compensation the claimant can receive. These limits are called damage caps. Georgia used to have such laws in force as well.
They referred only to non-economic damages. They were set at $350,000 for claims against a single medical facility and $700,000 for claims against more. The overall cap per case for non-economic damages is of $1.05 million. The Georgia Supreme Court deemed caps unconstitutional in 2010.
This means that the only factors limiting the amount a malpractice victim may receive are:
Gwinett County and its seat, Lawrenceville, see their share of malpractice cases. At Cain Injury Law, we have helped quite a few clients from the region seek compensation for their losses. Although working with a lawyer is optional, most claimants agree they would have never won without one.
Most malpractice cases end up in court. They require following specific and complex procedures the average citizen knows nothing about. The burden of proof always falls on the claimant, and proving medical malpractice is not easy.
The claimant needs to show the defendant to their claim breached their duty of care. However, each medical field comes with its own care standards. The claimant has to show what the defendant’s duty was and how they breached it.
Let us say a healthcare professional administered the wrong medicines to their patient and harmed them. In order to obtain compensation, the patient will have to show:
This involves familiarity with medical protocols and specific knowledge about medicines and their action. Sometimes, the person administrating the medicines is only following doctor’s orders. In other cases, doctors prescribe the right medicines but the nurses administer wrong ones by mistake. Other scenarios involve improper drug storage conditions or manufacturing faults.
Figuring things out and following specific formalities will be nearly impossible for the inexperienced. However, a Georgia medical malpractice lawyer will know exactly where to look. After assessing the case presented to them, most will go ahead and obtain the “Affidavit of Expert”.
When filing a medical malpractice lawsuit, claimants have to file an initial complaint in court. It is a document presenting their allegations against the medical professional. Along with it, Georgia Code section 9-11-9.1 requires that they file an expert’s affidavit.
Let’s take as an example a failed brain surgery and the subsequent claim against the surgeon. In order for the court to admit the case, the claimant has to provide another brain surgeon’s affidavit. The latter will express their opinion under oath and identify at least one negligent act of the defendant.
In order for the affidavit to serve its purpose, the author needs higher expertise than the defendant. They will also have to support their opinion with facts and evidence. Those who fail to provide the affidavit may receive a time extension to obtain it. However, a Lawrenceville medical malpractice attorney will have it ready on time.
If you incurred injuries as a result of a medical professional’s malpractice, we can help. At Cain Injury Law, we have extensive experience in the field and vast knowledge of Georgia laws. Our medical malpractice lawyer in Lawrenceville will evaluate your claim and explain your situation. To benefit from their advice, all you have to do is call (678) 726-5711 and make an appointment. We look forward to receiving your case details.