What Is The Time Frame Within Which I Should File A Medical Malpractice Claim In Atlanta, Georgia?
Most people need to see a healthcare worker at some point in their life. While healthcare workers provide an invaluable service, sometimes errors occur, and patients can be seriously injured or even die as a result of the treatment or misdiagnosis. If you or someone you love was seriously harmed or died due to the negligence of a healthcare provider, you could file a medical malpractice claim.
Despite rules, regulations, and protocols in hospitals and nursing homes mistakes routinely occur. Medical errors can occur at any level and may involve a nurse, doctor, a technician, failed medical equipment or even the hospital management. Each year, a significant number of patients are harmed by medications, drug interactions, and administration of wrong medication or the wrong dose in Atlanta, Georgia.
Statute of Limitations for a Medical Malpractice Claim
If you live in Atlanta, Georgia and have suffered harm at the hands of a doctor or suffered any type of injury while in a hospital, a nursing home or any other healthcare facility, you need to speak to a medical malpractice lawyer to find out how you can file a claim. In Atlanta, Georga, there is a two-year statute of limitation for filing a medical malpractice claim. In some cases, this time may even be shorter depending on the circumstances of the case.
If you suffered at the hands of a healthcare provider or a healthcare facility, you could forfeit your right to any claims if you delay filing. Once you miss the deadline, you have no case no matter how serious your injuries may be.
Why the urgency to file a claim?
There are many legal cases awaiting trial, and the State of Georgia has set strict guidelines for medical malpractice claims. Medical malpractice cases are usually very complex as well as labor intensive. When you discuss your case with a medical malpractice lawyer, you will find out that the tasks need to be done before you can file a claim:
- Obtain all your medical records.
- See an independent specialist to verify or document your injuries if required.
- Identify if there will be a need for the specialists to testify on your behalf.
- Depose the healthcare worker(s) involved in the incident.
- File a brief in court.
- Discuss the possibility of settling without trial.
- If rejected, go to trial.
All these steps take a significant amount of time and money. Also, the healthcare worker(s) being accused of negligence and/or wrongful intent will also take some action. The back and forth between the parties involved can take time and that is why it is best to start the process of a medical malpractice claim as soon as possible.
What are common medical malpractice claims?
Some common reasons why a medical malpractice claim may be filed include:
- Misdiagnosis of cancer or a serious disease
- Birth injuries
- Failure to offer timely consultation
- Failure to diagnose a cancer
- Failing to check lab data, x-ray or a pathology report that may result in death or disability of a patient
- Anesthesia errors
- Surgical mistakes which could include operating on the wrong side of the body, leaving instruments inside the body, or performing the wrong procedure
- Failure to obtain informed consent
- Administering the wrong drug, wrong dose, or mixing drugs
- Use of unsterile equipment that leads to a serious infection
The problem is that most people expect healthcare providers to take care of their health or the health of their loved ones. This is an automatic assumption, one that most people are justified in since the goal of healthcare providers is to offer healthcare services. Nobody expects a doctor or a nurse to deliberately do something that would harm the patient or be so negligent as to perform the wrong procedure or give the wrong dose. Sadly, these incidents do happen, and that is when the victims can file a medical malpractice claim. Some of the common reasons why these incidents happen are because hospitals are often understaffed and overburdened. Mistakes can occur. Healthcare workers may even be frustrated or burnt out which could result in negligent behavior. There can be other similar reasons. The point is that medical errors occur and medical malpractice claims must be filed to hold people accountable.
If you are a victim and if you wish to file a medical malpractice claim, contact our Atlanta personal injury lawyers at Ted A. Greve & Associates. We will provide the best legal representation and will ensure that you get the justice you deserve.