We trust our doctors with our health. Fortunately, most doctors honor that trust, upholding their commitment to “do no harm” and provide safe, effective medical care. There are times, however, when a doctor’s negligence or malpractice causes great harm, and victims deserve compensation.
If you have been a victim of medical malpractice, contact a Duluth medical malpractice lawyer from Barrios Virguez. Your lawyer will take your case through the legal process, protecting your interests while working toward a just settlement.
What Is Medical Malpractice?
Medical malpractice happens when a patient is harmed by a medical professional’s incompetence. The medical caregiver, through negligence or recklessness, or general incompetence, brings hurt rather than healing to the patient.
Examples of Medical Malpractice
Whatever the specifics of your case, if you have been harmed by a medical professional’s negligence, recklessness, or incompetence, you have the right to restitution. A Duluth medical malpractice lawyer from Barrios Virguez will fight to bring you justice and financial compensation.
Though medical malpractice takes many forms, some forms are more common than others.
- Anesthesia Errors: Failure to inform patients of how to prepare for anesthesia, improper intubation, failure to monitor anesthesia levels, for example.
- Failure to Inform Patients of Treatment Risks: Doctors are required to explain the potential risks of treatments so patients can make informed decisions and opt for different treatments if they wish to avoid those risks.
- Misdiagnosis or Delayed Diagnosis: Misdiagnosis or delayed diagnosis prevents patients from receiving necessary treatment for their actual condition or may worsen their actual condition.
- Items Left in the Body After Surgery: Sometimes, sponges or other small equipment used during surgery can be left in the patient’s body, leading to infection or other complications.
- Birth Injuries: Birth injuries occur because of failure to monitor the mother or baby during labor and delivery, failure to recognize symptoms or order needed testing, or other errors.Birth injuries are not birth defects, which are medical conditions beyond a doctor’s control.
- Nursing home negligence or abuse: Examples include improperly medicating patients, restraining patients unnecessarily, and not attending to patients’ hygienic needs.
For a free legal consultation with a medical malpractice lawyer serving Duluth, call 678-888-2222
Why You Need a Duluth Medical Malpractice Lawyer
Medical malpractice cases are far more complex than typical personal injury cases. It is vital that you trust your case to a skilled medical malpractice lawyer in Duluth prepared to navigate the specific laws and processes governing medical malpractice lawsuits.
The Statute of Limitations
Georgia law §9-3-71 states victims have two years from the date an injury or death caused by a medical practitioner’s harmful action occurred to file a claim.
There is a specific statute for objects left in the body after surgery but not discovered within the initial two-year period.
Statute of Repose
- 9-3-71 (b) of the statute of limitations provides a “statute of repose,” stating “in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.”
This provision both expands and limits the victim’s options. Perhaps the effects of an injury did not appear within the two-year timeframe. However, once the five-year statute ends, the window for filing closes firmly. For minors injured at birth, the statute of limitations may be paused or “tolled” until their fifth birthday.
It is easy to misunderstand these complicated statutes, and that misunderstanding can lead to tremendous financial loss. By consulting with a Barrios Virguez lawyer right away, you can be confident your attorney will meet all legal deadlines.
Expert Affidavit Requirement
Under Georgia law, when you file a medical malpractice claim, you must include an affidavit from a medical expert affirming your healthcare provider’s negligence through a sworn, factual opinion. Your case will most likely be dismissed if you do not submit this affidavit. Your Duluth medical malpractice attorney from Barrios Virguez will ensure the affidavit is collected and submitted.
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How to Prove Medical Malpractice
To win a settlement in any negligence case, you must prove the defendant owed you a duty of care, breached that duty, and the breach caused your injuries, leading to damages.
In medical malpractice cases, proving these elements requires additional specificity.
You must prove you had an actual doctor-patient relationship with the medical practitioner. You scheduled an appointment in their office and paid for their services.
The Doctor Failed to Meet the Applicable Standard of Care
You must prove that your doctor failed to meet Georgia’s standard of care. In other words, your doctor did provide the level of care competent doctors facing similar circumstances would have given. Proving this requires testimony from medical experts.
The Doctor’s Failure Caused Harm
You must prove that it was the doctor’s negligence or incompetence, not a pre-existing condition or injury, that caused you harm. Proving this also requires testimony from medical experts.
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Damages You Can Pursue in Medical Malpractice Cases
The injuries you sustain from a medical malpractice incident can be severe and may change your ability to move, work, care for yourself, socialize, and carry out daily activities. Your medical malpractice attorney in Duluth will fight for a settlement to bring financial relief and a sense of justice for what you have lost.
- General Damages include compensation for loss of future earnings, physical and emotional distress, and losses to your quality or enjoyment of life, among other losses.
- Special Damages cover the measurable costs of your injuries, such as medical expenses and wages lost due to missed work.
- Punitive Damages force the doctor to acknowledge and pay for the harm they have caused. To collect punitive damages, you must prove the doctor was aware their behavior was harmful.
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Schedule a Risk-Free Consultation with a Duluth Medical Malpractice Lawyer
The pain of an injury or death caused by medical malpractice is extensive, but proving a doctor’s negligence is challenging. You need someone by your side to fight this legal battle for you. Contact a Duluth medical malpractice lawyer from Barrios Virguez today. Your lawyer will treat you with compassion and fight for a settlement with authority and expertise.
Call or text 678-888-2222 or complete a Free Case Evaluation form