Atlanta Medical Malpractice Attorney
When you go to the doctor, it’s reasonable to assume that they will do their best to take care of you and provide you with competent services. Unfortunately, this doesn’t always happen. Medical malpractice is a serious issue that can lead to severe lifelong injuries or even death. If you or a loved one has suffered an injury or you’ve lost a loved one as a result of medical malpractice, you should consider consulting with an attorney right away. The Atlanta medical malpractice attorneys at Williams Oinonen LLC can assist you in filing a lawsuit and will help you until justice is served. Contact an Atlanta attorney today for a case consultation by filling out our online form or calling (404) 654-0288.
Why You Should Hire an Atlanta Medical Malpractice Attorney
When you’re injured as a result of medical malpractice, you should contact a medical malpractice lawyer as soon as possible. We know that monetary compensation may not fix your injuries, but you may be legally entitled to it in a situation like this. Additionally, when you hire a lawyer and try to hold a medical professional responsible for medical malpractice, you are taking steps to ensure that this doesn’t happen to anyone else in the future.
The attorneys at Williams Oinonen LLC have years of experience handling Atlanta wrongful death cases.
Who Can Be Held Liable for Medical Malpractice?
In Georgia, you are permitted to file a medical malpractice lawsuit against anyone who holds themselves out as someone who practices surgery or medicine if they do not use a reasonable degree of care and skill, and an injury or death results.
Elements of a Medical Malpractice Claim
To establish medical malpractice, an injured patient must prove the following elements:
- The medical professional owed you a duty – if you can establish that a doctor-patient relationship existed, this duty exists;
- The medical professional breached that duty by failing to provide the required skill and care;
- The breach caused the patient’s injuries; and
- You suffered damages as a result of the injury. Damages can include physical and emotional ones.
Georgia Statute of Limitations
In Georgia, you must file a medical malpractice claim within two years of the date of your injury. In many states, the timeline will be extended if the injury isn’t immediately present. In these cases, the clock doesn’t start until you’re actually aware or should’ve been aware of your injury. However, in Georgia, you are barred from filing a medical malpractice claim after 5 years, regardless of when you determined that you suffered an injury, even if there was no reasonable way you could have known.
An exception applies if a medical professional left a foreign object in your body. In this case, you will have one year from the date of the discovery to bring a lawsuit, even if it’s 10 years after the surgery occurred.
Can a Hospital be Liable for a Patient’s Wrongful Death?
If the hospital failed to meet a certain set of standards that cause them to be liable for the death of your loved one, you are able to sue the hospital. This would require extensive evidence and proof that there was a breach in the hospital’s duty to the patient. The time limit for suing a hosptial is the same for other wrongful death suits in Georgia.
If it is found that the hospital is liable for the person’s death, the beneficiaries will recieve proper compensation. An Atlanta attorney can help you with your hospital malpractice case.
Expert Affidavit Requirement in Georgia
When you file a medical malpractice claim in Georgia, it’s required that you file an affidavit prepared by a medical expert who is qualified to testify under Georgia law. This expert must be able to provide evidence of at least one negligent act that the defendant committed. If you don’t file this along with your complaint, your case will be dismissed. In some circumstances, the court may allow you to correct your mistake and re-file. The rules and regulations can be very complex, making it crucial to hire an experienced medical malpractice attorney.
Williams Oinonen LLC Is the Right Firm for You
Williams Oinonen LLC has been successfully handling medical malpractice cases for years. When we agree to accept a case, it’s because we genuinely believe we can win. Our primary concern is our clients, not our bottom line. Our Atlanta medical malpractice attorneys are here to help you every step of the way, which often means going to trial. If the settlement offer isn’t adequate, we are always prepared to continue the case in the courtroom. Contact us today for a consultation by filling out our online form or calling (404) 654-0288.