If you were injured at the hands of a medical professional, you have the right to file a medical malpractice lawsuit. These claims allow you to recover a financial settlement to help pay for any damages associated with the incident, like additional medical care or pain and suffering.
The state of Georgia has strict laws regarding medical malpractice claims, and it is important to be aware of these requirements. A medical malpractice lawyer can help you navigate these rules and advocate aggressively for your right to financial recovery.
What Is Medical Malpractice Under Georgia Law?
In Georgia, medical malpractice happens when a doctor, nurse, or another healthcare professional deviated from the medical standard of care. Generally, healthcare providers must ensure that their actions do not differ from what a similarly trained and reasonably prudent professional would do under the same circumstances.
If a professional commits an act of negligence or fails to act when he or she should have and harms a patient, he or she could be liable for medical malpractice. An attorney can evaluate your case and identify whether you qualify for a claim.
How Long Do You Have to File a Medical Malpractice Lawsuit?
There is a law known as the statute of limitations that sets a filing deadline for pursuing certain types of legal claims. If you do not file your lawsuit within the appropriate time frame, the court will almost certainly deny your claim and prevent you from recovering compensation for your injuries.
For medical malpractice claims in Georgia, you must file your claim within two years from the date of medical malpractice. If you do not discover your injury or illness until a later date, the statute of limitations will start running on the date that you learned about or should have reasonably known about the injury. However, you cannot bring a claim more than five years from the date of the malpractice.
Is There a Cap on Damages for Medical Malpractice Claims in Georgia?
At the conclusion of a successful medical malpractice claim, you will receive a settlement for your damages like medical care and lost wages. There are two categories of damages in these claims: economic damages, which involve financial losses; and non-economic damages, which involve the physical and emotional pain and suffering that you endured.
Georgia does set a limit or a cap on the damages that you could recover in your claim. You can recover the full value of your economic losses, but you can only recover up to $350,000 in non-economic damages per healthcare provider involved in your case. You could also recover an additional $350,000 for claims against a single healthcare facility. There is an overall $1.05 million cap on non-economic damages.
Speak to an Attorney About Your Medical Malpractice Claim
Navigating Georgia’s medical malpractice law can be a challenging process. An attorney can help you navigate the legal process and better understand these complex laws and procedures. As soon as possible following the malpractice, schedule a free case consultation with a medical malpractice lawyer in Augusta to discuss your next steps.