An Atlanta personal injury attorney looking into a medical malpractice claim must be familiar with the laws and regulations of the state. Atlanta has legislation against medical misconduct. Variables for evaluating Atlanta medical malpractice claims will be used in this study.
Standard of Care
Determining whether the healthcare provider violated the standard of care is the first step in evaluating a medical malpractice claim. Atlanta’s standard of care is the skill, care, and treatment acceptable by comparable healthcare professionals under comparable conditions. The standard of care must be established, and medical personnel must show its breach. There must be evidence of grave neglect in an emergency room of a hospital. A surgeon or doctor must use reasonable care and competence to prevent harm. Such care and skill are recoverable through a tort. O.C.G.A. 51-1-27.
The Atlanta medical malpractice statute of limitations is significant. Atlanta has a two-year statute of limitations that can only be exceeded five years after the alleged malpractice or harm occurred. The statute of limitations does not apply to minors or circumstances of delayed harm. The deadline for a case can be found by consulting statutes and legal counsel.
In Atlanta medical malpractice claims, the plaintiff must submit an expert review affidavit. This affidavit of a medical expert states that the defendant’s healthcare provider violated the standard of care, leading to harm or damages. To prevent dismissal, affidavits must be submitted within 45 days of the defendant’s response.
Atlanta has a cap on the damages for medical misconduct. The amount for pain and suffering is $350,000 for each claimant, regardless of the defendants. The cap may be raised in circumstances of severe injuries or wrongful death.
Atlanta reduces damages if the plaintiff is somewhat at fault. Plaintiffs are not entitled to damages if their percentage of culpability surpasses 50%.
Medical malpractice cases in Atlanta must include expert testimony. The expert witness for the defendant must be aware of the level of care. Atlanta law requires that the expert practiced or taught in the defendant’s specialty during the previous three years. The expert need not be an Atlantan citizen or employee.
Atlanta encourages pre-suit mediation for medical misconduct. Parties may choose to mediate rather than file a lawsuit. The statute of limitations is not extended by voluntary mediation.
Examine the defendant’s healthcare provider’s insurance coverage. Atlanta law requires medical professionals to have liability insurance, which may impact injured party compensation.
Experts and Resources
To review medical records, evaluate the level of care, and provide expert testimony in medical malpractice cases, resources and expert witnesses are required. Expert witnesses, consultants, and medical experts can all help the case.
Each medical malpractice lawsuit necessitates thoroughly examining the relevant facts, supporting documentation, and legal theories. Gathering and examining medical records, consulting with experts, choosing crucial witnesses, and presenting a compelling narrative to the jury is necessary.