Medical mistakes happen every day and, when they do, hiring an attorney as soon as possible is recommended. Victims have two years from the date of their injury to file a claim. If an individual passed away, surviving family members have two years from the date of the individual’s death to file a claim. The law also states that no lawsuit can be brought more than five years after the negligent, wrongful act, or omission happens. Medical malpractice lawsuits are very complex and sorting through the evidence requires the experience of medical malpractice attorneys in Valdosta, GA.
The law for a medical malpractice claim is so complex that failure to file a complaint affidavit of expert could lead to a dismissal of the medical malpractice lawsuit. An affidavit must be prepared by a qualified medical expert who is willing to offer their sworn opinion about the negligent act committed by a health care provider of the suit.
Types of Medical Malpractice
Medical malpractice can happen anytime. It can happen during the birth of a baby, surgery, in a doctor’s office, and any place a healthcare provider is caring for a patient. It’s important to document as much as possible about the case with the date, time, personnel involved, and any other important information to give to the attorney. Early intervention in a medical malpractice case can produce a better outcome.
Medical Malpractice Damages Cap
There is a cap on certain kinds of medical malpractice damages. A jury can decide the award a victim will receive for their injuries, but the cap can change the amount the victim will receive. The cap applies to non-economic damages, which include pain and suffering, loss of enjoyment, anxiety, mental anguish, scarring, difficult-to-quantify losses, and lost companionship caused by the medical malpractice.
The good news about the cap on damages is the fact it was deemed unconstitutional by the Georgia Supreme Court but is still a law in Georgia. Therefore, it’s important to contact experienced medical malpractice attorneys in Valdosta, GA to win a case. There is no cap on economic damages in Georgia.
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