1. What is Medical Malpractice?
Medical malpractice occurs when a doctor or other healthcare professional or entity fails to provide proper treatment or care to a patient. In other words, a healthcare professional is negligent in the manner in which treatment or care is provided to a patient.
2. Does every mistake by a doctor constitute a malpractice case?
A common misconception is that every mistake made by a doctor constitutes medical malpractice. There are four legal elements that must be established in order for a person to prevail in a medical malpractice case.
- First, there must be a duty to exercise reasonable care in treating a patient, not perfect care. For example, a doctor must do what a similarly situated physician would do under a similar set of circumstances when it comes to the reasonable care of a patient.
- Second, there must be a breach of that duty of care.
- Third, the breach must be the proximate cause of the injury or damage caused to a patient.
- Finally, the patient must sustain an actual injury, not a speculative one.
3. Are there trends in the sources of malpractice lawsuits or common medical issues?
Four of the more common types of medical malpractice cases involve misdiagnosis of a patient, medication errors, anesthesia errors, surgical errors, and injuries associated with childbirth. Keep in mind that a misdiagnosis can include the wrong diagnosis of a medical issues as well as a diagnosis that ultimately properly is made, but not in a reasonably timely manner.
4. Have I waited too long to file my claim?
A medical malpractice lawsuit must be filed within a time period established by law. Every U.S. state has a law of the books called the statute of limitations that establishes this timeframe.
In the state of Georgia, as a general rule, a medical malpractice lawsuit must be filed within two years of the incident that gave rise to a patient’s injury. There are some isolated exceptions to this general rule which can best be explained by a skilled, experienced medical malpractice lawyer in Savannah GA.
Keep in mind that there are also deadlines associated with pursuing an insurance claim as well. Both Georgia state law and the terms and conditions of an insurance policy can include deadline provisions which can impact your claim. Even these deadlines, and the risks you run by missing one of them, underscores the importance of consulting with an experienced medical malpractice attorney.
5. What Should I do if I think I have a Medical Malpractice Claim?
Medical malpractice cases represent some of the most complicated legal matters. The first step that you seriously need to consider taking if you believe you have a case is to schedule an initial consultation with an experienced medical malpractice lawyer in Savannah GA.
During an initial consultation, a medical malpractice lawyer in Savannah GA will provide an evaluation of your case. You will also have an opportunity to get answers to your questions. As a general rule, a medical malpractice lawyer in Savannah GA doesn’t charge a fee for an initial consultation with a prospective client like you.
6. What should I not do?
If you believe that you have been injured because of the negligence of a doctor or other healthcare provider, it’s important to consider whether or not to make a statement or answering questions from the healthcare provider’s professional liability insurance company without legal representation. Remember: You have the right to seek legal counsel before submitting to questioning by an insurance company. Indeed, in some cases, an attorney very well may advise you of responding to open-ended questions by a representative of a doctor’s insurance company.
You don’t have to go through this alone. The professionals at Tate Law Group are here to help you navigate the complicated legality of medical malpractice and get you the compensation you deserve. Call today at (912) 333-3915 for your free consultation with our experts!