In the United States alone, medical negligence has been listed as the third highest cause of fatalities according to the Journal of the American Medical Association. The Association of American Medical Colleges estimates that close to a million licensed physicians practice medicine in the U.S., and conduct an average of 51.4 million medical procedures each year. The potential risk for damage is great. If you suspect that you or someone you know is a victim of medical malpractice, it is important to be educated on the medical malpractice system in Fulton County.
Organizing a case
In order to bring the best case possible, it is important to prove the following:
- The physician was paid to provide a medical service to the patient.
- The physician violated that agreement by bringing a poor standard of care that resulted in an injury.
- The patient suffered harm due to the physician's negligence.
- A signed affidavit from an expert witness can be extremely helpful in a malpractice case. They simply need to agree that negligence was present in the case.
Medical malpractice limitations
In the state of Georgia, there are specific limitations to filing and processing a medical malpractice case. These limitations include both adult and minor incidents, and include the following:
- You have two years after the incident occurs to file a general medical malpractice case.
- If a situation occurs where the patient is not aware that a mistake has taken place until after the two year time period, the case may be extended.
- Any cases pertaining to medical instruments being left within the body have a one year time limit after the mistake occurred.
- After it has been five years from the date of the medical mistake, the case cannot be opened.
When filing a medical malpractice case, patients may expect to receive compensation for medical attention, injuries, as well as pain and suffering. In the state of Georgia, there are no monetary limits on medical malpractice cases. While each case is unique, hiring an experienced attorney can help to maximize your potential compensation.
Settling the case
Arbitration can be held on medical malpractice cases if both parties are agreed to discuss the details of compensation. After the arbitration is filed and signed, all terms that have been agreed upon are final.
Finding a qualified medical malpractice lawyer to handle your case is imperative. If any details are overlooked, your case could run the risk of getting thrown out or dismissed. Make sure that you partner with a professional attorney in order to get the compensation you deserve.