How To Handle Medical Malpractice
Do you find yourself wondering: “What do I do if I think my doctor committed malpractice?” Experiencing what you believe is medical malpractice is a frightening and emotional situation. First thing you should do is contact an experienced malpractice attorney and explain the situation. What you might think is a malpractice issue can turn out to be something different. It is important to have the right information and the right legal advocate on your side. The experienced attorneys at Andrews & Sanders Law Office can spot the right issues regarding your case and determine whether or not it is actionable.
Medical Malpractice can come in many different forms:
- Failure to diagnose
- Prescription errors
- Obstetrics mistakes, including during labor and delivery
- Misreading an abnormal pap smear
- Nursing home abuse and neglect
- Damage to surrounding organs during surgery
- Emergency room errors
- Wrongful death
It occurs when the physician you have put your trust in falls below the “standard of care”. Physicians are legally held to a high standard of care, because they are considered experts in their area of practice. It is important that you try to stay calm even though you’re frantically thinking there is no solution to your “What do I do if I think my doctor committed malpractice?” problem.
Once a claim has been established, our attorneys will assess whether or not your claim is within the statute of limitations. The Statute of Limitations is the maximum time that an actionable claim can be brought. In the State of Georgia the Statute of limitations for a medical malpractice claims is generally two (2) years after the date of death or injury, however, there are certain exceptions to this rule and this is why if you believe you have been injured as a result of medical malpractice, you need to contact us right away.
A lot of times Malpractice claims are compared to Negligence claims. Although a physician is considered to be negligent in this type of claim the evidence needed to prove a Medical Malpractice claim differs from a pure Negligence claims. For example, you are at a stop light on your way to work one morning, and as your light turns green a car traveling the opposite direction runs the light and hits the rear of your vehicle. Once you are able to asses that you are okay, the first thing you do is call the police to assist you and take a report. It is easy to see that because the other driver was driving negligently, that is what caused the injury and damage to you and your car. In a Medical Malpractice Case in Georgia it is required that an Expert provide an affidavit with your claim to justify a claim of medical negligence.
An Expert is a person who at the time of the alleged malpractice must have had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in (1) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency; or (2) the teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge. The Expert must find that the physician fell below the standard of care.
We know that with today’s economy everyone is being more sensible about their spending. Hospital settlements can look very appealing to people who cannot afford to hire an attorney. It is important to remember that the Hospital representatives know what your claim is worth, but work in favor of the Hospital to pay you the least amount possible. At our office we understand the financial needs of the client and are available to offer reasonable contingency fees. A contingent fee is a fee set by the attorney where if we recover or obtain a settlement we receive a percentage of that amount.
At our office we understand that each Medical Malpractice claim is unique and complex. Let our experienced attorneys become your legal advocates while you focus on the important things: getting healthy and returning to your normal day to day activities. Our attorneys will work diligently to tackle your legal issues, and aggressively to preserve your rights!
If you feel that you or someone you know has been a victim of Medical Malpractice, don’t hesitate – contact our office today and set up a free consultation. We’re committed to serving your specific needs so you don’t have to wonder: “What do I do if I think my doctor committed malpractice?”