Medical malpractice is far more common than most people realize. Virtually every health care provider has a dozen or more opportunities to make a mistake when interacting with any given patient. Thankfully, those who receive substandard care are often entitled to compensation for the damages. Since navigating the claims process is challenging, though, you may not necessarily know where to begin. Here are the answers to some of the most frequently asked questions on the subject to help you get started.

Medical Malpractice FAQ

What constitutes medical malpractice?

If you undergo a particular procedure and it does not turn out as anticipated, that does not necessarily mean you were the victim of malpractice. Because medicine is not an exact science, complications can and do arise. To build a successful malpractice claim, you must be able to prove the provider deviated from the most widely accepted standard of care. In other words, he or she was negligent by breaching the duty of care owed to you.

How can I prove I received substandard care?

When building your claim, the strongest evidence of negligence will depend on the circumstances. In general, though, proof that may contribute to the strength of your case might include medical records, prescriptions, statements from relevant specialists, and diagnostic images. Testimony from staff members or other patients could also serve as evidence.

What kinds of damages can I pursue following medical malpractice?

In Georgia, those who suffer medical malpractice are entitled to seek compensation for both the monetary and non-monetary losses they incur. Examples of recoverable economic damages include the resulting health care expenses, lost wages, and reasonably necessary expenses like home care, domestic help, and child care. Recoverable non-economic damages include pain and suffering, emotional distress, and loss of enjoyment in life.

How long do I have to bring my case to court?

The statute of limitations for medical malpractice lawsuits in Georgia is typically two years. That means you have 24 months from when the incident occurred—or when the cause of action was discovered or should have been discovered—to bring your case before a judge. Since there are several exceptions to this rule, though, it’s wise to seek legal counsel as soon as possible. For example, if a surgeon left a foreign object inside you, you have just one year from the date of discovery to file a formal lawsuit.

If you think you were the victim of medical malpractice, turn to Goddard & Hammontree LLC in Dalton, GA, to determine how you should proceed. This law firm is led by two strategic attorneys who have nearly six decades of combined experience in practice. Born and raised in the area, they’re committed to serving the community, and they provide each and every client with personalized, one-on-one counsel. To request a consultation with a compassionate lawyer on their team, call (706) 278-0464 or reach out online.