Trusted, Trial-Tested Attorneys Fighting For Victims Of Medical Malpractice
All of us have required the services of a medical professional at one time or another. When we go to see our doctor or other medical providers, we trust that they will act with the highest degree of professionalism and standards when treating us. However, simply because an individual holds a medical license does not mean they cannot commit medical malpractice errors that can cause an individual to be severely injured.
If you or a family member feel you are the victim of medical malpractice, you need to speak with a medical malpractice attorney as soon as possible. You may be entitled to seek damages for your injuries and pain and suffering.
Our team at Cowan Law Firm, LLC, in Dalton is committed to helping victims of medical malpractice obtain the justice they deserve. In medical malpractice cases, the initial injury is often made even worse by the mistakes committed by the medical provider. In addition, medical malpractice can lead to other serious issues that can have harmful lifelong consequences for victims and their families.
Contact our law firm and ask to schedule a free consultation with one of our highly experienced medical malpractice attorneys.
Pursuing A Medical Malpractice Claim In Georgia Can Be Complex
Medical malpractice charges are severe, and finding a resolution can be challenging. Just because a medical professional makes a mistake doesn’t automatically signify malpractice. Medical malpractice occurs when they breach their duty to the patient. The patient suffered harm.
Under Georgia law, the plaintiff must state their allegations in what is known as an initial complaint to start a civil lawsuit alleging medical malpractice against a healthcare provider. Additionally, the plaintiff is also required to file a sworn statement prepared by a licensed medical expert who will attest to the fact that a negligent act was committed by the healthcare provider who is being sued. Included within the affidavit must also be a factual basis for the medical expert’s opinion.
Common Allegations Made In Medical Malpractice Claims
With the wide range of medical treatments and various specialties that many health care providers offer, there is a multitude of ways in which a patient may become the victim of medical malpractice. However, there seem to be some common errors that are repeatedly cited in medical malpractice lawsuits which include:
- Misdiagnosis, delayed diagnosis, or failure to diagnose
- Failure to treat, monitor, or warn
- Birth injuries
- Medication errors
- Surgical errors
- Anesthesia errors
- Misinterpretation of laboratory results
Legal Filing Deadlines May Differ By Specific Injury And Patient Age
Georgia has strict time limits that govern how long you have to file a medical malpractice claim. In most instances, the law states that you have two years from the date of injury to file your claim. However, there are exceptions to this rule.
One exception is when a “foreign object” is left inside a patient during a medical procedure. Foreign objects include sponges, pieces of medical equipment, or needles. In medical malpractice cases, the lawsuit may be filed within one year of the object’s discovery.
Allowances may also be made if the patient who is injured is a child. In cases of medical malpractice involving children, the parents of the child and the child themselves are entitled to file both independent and separate claims. The parents are permitted to file a claim that asks for damages they have incurred as a result of the injury until the child reaches the age of 18. If the medical malpractice occurs before a child’s fifth birthday, the child’s lawsuit must be filed before their seventh birthday. If the medical malpractice occurs after the child’s fifth birthday, the time limit to file a claim is two years.
We Advocate Assertively To Maximize Your Compensation
After you or a loved one has been injured by medical malpractice, you probably feel greatly upset and anxious about the future. You may require even more medical care, and having the trust necessary to seek help for your injuries can be difficult.
Our law firm recognizes that as a victim of medical malpractice, you are worried about what the future may hold for both you and your family. Our medical malpractice attorneys are highly experienced and understand the complex medical concepts that accompany these types of personal injury cases.
After we take your case, we thoroughly examine all of your medical records, including notes and any diagnostic tests that may have been performed. Then, based on what your records reveal, we will determine the types of damages that should be asked for on your behalf.
Some of the most commonly awarded damages in medical malpractice claims include:
- Medical expenses, both past and future
- Lost wages due to your inability to work
- Loss of future earnings
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
Our ultimate goal is to obtain the maximum settlement that is appropriate for your injuries. The medical provider’s insurance company may frequently attempt to offer you a settlement that may seem enticing but is actually not in your best interests. They most likely are not taking into account the money that it may take in the future to care for you and any other future medical treatments or procedures that you may require.
Learn More During A Free Initial Consultation
Our team at Cowan Law Firm, LLC, is passionately committed to seeking justice for those who have been wrongly injured by a health care provider’s negligent actions or inactions. Our medical malpractice attorneys are not afraid to go up against the insurance companies who may try to undervalue or even deny your claim. In addition, our Dalton injury attorneys have considerable experience in negotiating with insurers to recover financial compensation for you.