Healthcare practitioners take the Hippocratic Oath in order to provide the highest standard of ethical medical care. In many cases, doctors, nurses, assistants, techs, and other healthcare practitioners make mistakes. Medical errors occur because of the rapid pace of healthcare facilities. However, it is not an excuse for medical malpractice. If you have been injured because of another’s negligence, you should be compensated for your injuries.
You can suffer from painful injuries, and emotional damages. It is likely you are struggling with lost income because your injuries partially or totally disabled you. Medical bills are another expense you will need to manage. These circumstances are why it is resourceful to contact a medical malpractice lawyer in Augusta, GA. They can help you receive compensation, so you can recover from your medical malpractice personal injury. Find out how we can support you through the settlement claim process. Contact T. Madden & Associates, P.C. now for a free consultation.
What constitutes medical malpractice in Georgia?
Medical malpractice happens when a doctor or other healthcare professional fails to provide quality medical services. In doing so, they breach their duty to the patient and the patient is harmed as a result. Doctors, nurses, assistants, and other staff must adhere to healthcare standards and be fully certified before they provide medical services. Although you should feel safe in your doctor’s care, medical professionals are sometimes negligent even during the most basic treatments. This can lead to severe injuries. If a doctor or other healthcare practitioner has been negligent in some and was the direct cause of your personal injuries, they can be held liable for your damages.
What is the statute of limitations for legal malpractice in Georgia?
A statute of limitations is a legal deadline restricting how long a person has to file a lawsuit. A statute of limitations exists to ensure settlement claims and lawsuits are brought up as soon as possible following a personal injury. It is challenging to provide solid evidence when a lawsuit is filed too quickly after an injury takes place. However, over long periods of time there is a greater chance of lost records or evidence, eyewitnesses passing away, and all involved parties becoming forgetful.
How long do you have to sue for medical malpractice in Georgia?
Patients only have two years to file a medical malpractice claim according to Georgia Code §9-3-71. The two-year time limit begins the day you were injured. The time limit can be extended in unique circumstances. For example, if your spouse receives a catastrophic injury during surgery from a doctor’s error, and a month later passes away, this extends the statute of limitations. The timer in this case begins the day of death, rather than when the operation occurred. Another scenario is if your doctor administered a prescription medicine that ultimately resulted in cancer. If you developed cancer 2 years later, then you have two years from the date of diagnosis to file a medical malpractice lawsuit or settlement claim.
Children are subject to a different time limit for the Georgia statute of limitations. Children who are hurt may be given more time to file a medical malpractice claim. If a child is under the age of seven, the statute of limitations cannot expire under Georgia law §9-3-73. At age 9, a child can still file a medical malpractice claim for an injury that happened at any age before turning seven.
How long do you have to sue a hospital for negligence in Georgia?
Hospital negligence should not be confused with medical malpractice, because it described a much broader incident. If a hospital was negligent in some way, it will likely be a case of premises liability. Slip and fall injuries and other hazards can be the cause of a personal injury unrelated to medical malpractice.
However, similar to medical malpractice, the same Georgia statute of limitations applies to a case of negligence.
Types Of Medical Malpractice
There are several types of malpractice. Some forms of neglect are more difficult to detect, particularly when a medical malpractice victim belatedly realizes they have been injured. Common forms of medical malpractice you may experience can include any of the following:
Misdiagnosis happens when the doctor is unable to identify the correct ailment. Patients may receive a false diagnosis from the doctor, or the doctor may declare the patient to be free of any apparent sickness. Misdiagnosis is considered malpractice because it deprives the patient of necessary care. Also, healthy individuals who obtain a false diagnosis undergo unnecessary treatment.
A delayed diagnosis happens when a doctor initially makes a false diagnosis or fails to diagnose the patient at all. The patient may then later receive an accurate diagnosis. Because the patient does not obtain the required care, the condition can worsen as a result of a delayed diagnosis.
Poor Follow Up
Doctors and nurses can fall behind in the follow-up process. They might forget to inform you about a lab test, fail to schedule a follow-up visit, or fail to schedule appropriate medical treatments. This form of malpractice delays your treatment and can prolong your disease.
Incorrect Surgical Procedures
Any kind of incorrect surgical procedure can become an Augusta medical malpractice case. This includes pointless surgeries, using non-sterile tools, and applying improper techniques. Another way you can experience a form of medical negligence is when the surgery damages your organs, nerves, or tissues. You may even experience a doctor leaving behind surgical equipment in your body after the procedure. The medical staff can also deliver subpar post-operative care.
Incorrect Anesthesia Procedure
Anesthesia techs, doctors, and nurses provide anesthesia to ensure the patient does not suffer during a difficult procedure. However, they can cause medical malpractice by providing too little anesthesia, too much anesthesia, prolonging the amount of anesthesia, and other mistakes.
One of the most severe forms of medical negligence is birth injury. Mothers giving birth can suffer from terrible injuries because of a negligent doctor. Birth injuries happen to the mom before, during, and after giving birth. Birth injuries often happen during the delivery process. Sometimes the mother is injured, threatening her wellbeing and the wellbeing of the newborn child.
Misinterpreted Lab Tests
Lab tests are done to evaluate if symptoms are a sign of a potential disease. Your doctor can misinterpret lab tests and misdiagnose you based on the lab-test results. This can result in you receiving the incorrect treatment or even delayed treatment because of a doctor’s lack of comprehension.
You might be delivered the wrong prescription medicine, resulting in your disease never being resolved. You might also receive a prescription that contraindicates a prescription you are already taking. This can cause complications when the two medications interact, resulting in dangerous consequences. Another example is if you are allergic to prescription medicine. There are many other examples of incorrectly prescribed medicine in medical malpractice claims.
You may have received the correct prescription medicine, but the wrong dosage for it. Too small or too much of a medicine can create horrific medical complications in patients. For example, if a patient suffers from hemophilia, then blood thinners can likely put their life in danger.
Failure To Treat
When a doctor makes the correct diagnosis but does not offer a sufficient course of action, this is considered a failure to deliver treatment. This can happen when an overwhelmed doctor has to treat too many patients. As a result, the doctor is not conscientious about providing proper healthcare services.
If your loved one died due to an Augusta medical malpractice incident, then you can claim damages on their behalf. Medical malpractice cases resulting in wrongful death can leave devastated families behind. In these types of personal injury cases, the victim suffers from catastrophic injuries at the hands of their healthcare provider. This can be caused by any kind of serious injury resulting in death. That means any medical error can be the cause of a wrongful death.
Nursing Home Neglect
Augusta medical malpractice can also happen in nursing homes. Nursing home abuse or neglect is caused by negligent health care providers. This is broad and can include anything from prescription drug errors, malnutrition, unsanitary conditions, and other dangerous treatment practices.
Your personal injury may have also been caused by medical malpractice. This happens when your doctor stops treatment without warning. They must provide a notice they are ending treatment ahead of time and a valid reason for why. This gives you the chance to search for a new healthcare provider and continue your treatment without any gap. If you suddenly are abandoned by your healthcare practitioner, this can cause your disease or medical condition to worsen.
What Is The Legal Process For Medical Malpractice
An experienced medical malpractice attorney can review your case and let you know exactly what steps you need to take. Augusta medical malpractice should not be taken lightly, because it can change your life for the worst. Medical malpractice lawyers who are experienced in Augusta medical malpractice can represent you. They prove their clients are owed damages in personal injury claims. Augusta medical malpractice lawyers perform an investigation to find out how your personal injury was caused. They then calculate your settlement by estimating all of your damages. Next, medical malpractice lawyers negotiate a fair settlement. Find out how you can receive maximum compensation after a free case evaluation with our dedicated legal team. We work on a contingency fee basis, so you only pay after you receive a settlement. Call T. Madden & Associates, P.C. now for a free consultation.