When we receive medical treatment, we typically expect to leave in better condition than when we first arrived. Unfortunately, this is not always the case. Many Americans have fallen victim to medical malpractice, and there hasn’t been any significant decline in the number of cases. Since medical malpractice is a reality in Georgia, it’s essential to understand what type of financial compensation you can receive in a personal injury lawsuit
Medical Malpractice Lawsuits in Georgia
In Georgia, medical malpractice occurs when the negligence of a health care provide results in harm to a patient. A health care provider is any professional who contributes to your treatment, including a doctor, nurse, dentist, technician, or hospital worker.
Components in a Malpractice Claim
Negligence in a malpractice claim must involve a violation of the standard of care that results in injury. You can’t file a suit just because you are unsatisfied with your treatment. A healthcare provider is negligent if their attention deviates from what a competent doctor would do in the same circumstances.
The injury sustained must also result in substantial damages. Malpractice lawsuits are expensive to litigate and challenging to win. To have a viable case, patients must prove that the doctor’s medical error lead to significant losses like loss of income, overwhelming medical bills, indescribable pain, or hardship.
Statute of Limitations
Victims of medical malpractice can file a lawsuit against the liable professional within two years from the date the injury. Failure to meet the deadline may waive your right of having your case heard in court.
Most of the losses in medical malpractice suits are intended to compensate the patient for the injury caused by a doctor’s medical error. These damages include payment for the patient’s economic and non-economic losses.
Economic Losses: Economic damages will reimburse the victim for any out-of-pocket expenses stemming from the injury, including past & present medical bills, lost income, and loss of future earning capacity. These damages might also include payment for ongoing medical treatment and medication.
Non-Economic Losses: Meanwhile, non-economic damages will provide financial compensation for the psychological harm caused by the injury, such as your pain and suffering. Other non-economic losses could include mental anguish, anxiety, scarring, loss of society, and other emotional losses.
There is no damage cap in Georgia, which means that there is no limit to the monetary compensation a patient can collect.
Many victims of medical malpractice never file a claim and are left to endure physical, emotional, and financial hardship all at once. This reality is unfortunate considering the relief a malpractice lawsuit would’ve provided.
If you sustained injury due to a medical professional’s negligence, filing a lawsuit could help you collect the financial compensation you need to get back on your feet. Contact a personal injury lawyer in Atlanta for legal advice regarding your case.