Checklist: Do You Have a Medical Malpractice Case?
Medical malpractice suits are necessary if you are injured by a medical professional. If you wish to file such a suit, it is important to keep the following factors in mind. Before you visit an attorney to learn more, ask yourself these questions:
Did you visit a medical professional?
Your first step is to determine if you have actually visited a medical professional. Medical professionals include doctors, nurses, physical and occupational therapists, and almost any other individual that serves as a licensed medical professional. You cannot file a malpractice suit if you received a medical injury from an individual who does not practice professionally.
Did he or she violate the standard of care?
A medical professional owes you a certain standard of care. This means that the professional must not cause you undue harm and must not operate without consent unless it is a life-saving emergency. This can range from a doctor who removes the wrong organ to a psychiatrist negligently prescribing the wrong medication, and the issues that are caused can be quite serious.
Were you injured?
A medical malpractice case also requires that the plaintiff actually suffers an injury. This might include a surgery that goes wrong or a physical therapy regimen that (when preformed correctly) causes you an injury, and any other range of circumstances. But there has to be an actual injury involved. If not, there is no cause for action.
When did it happen?
One of the most important things to consider is the statute of limitations. You cannot file a medical malpractice suit whenever you like, and it should be done as soon after the injury is discovered as possible. In Georgia, you must file a medical malpractice claim within two years of the date of the injury, or within a maximum of five years if the injury was not initially discovered. Timely filing is a necessity if you wish to recover. An experienced Atlanta medical malpractice lawyer can help.