There’s some information in life you hope you never need to use like how to file a medical malpractice claim. If you’re using the information, it probably means you’ve been injured by a healthcare professional’s negligence. You expect to receive the best care but medical errors can occur resulting in injuries.
So, what are the essential steps in a medical malpractice claim? If you’re injured by a healthcare provider in Georgia, here are the steps you need to follow to help ensure you can receive compensation for your damages.
Don’t Ignore the Statute of Limitations
The statute of limitations refers to the amount of time you have to file a medical malpractice claim. If you miss the statute of limitations there’s a good chance you can’t file a claim for compensation.
The timeline varies from state to state, but in Georgia, you have two years from the date of the incident to submit a claim. The statute of limitations can also start on the date you discover the medical error. However, the error must be discovered within a reasonable amount of time.
Occasionally, there can be exceptions to the state’s statute of limitations. Minors may be able to extend the filing deadline until they turn 18. The deadline can also be paused if your injuries are preventing you from participating in the claim. The statute restarts as soon as you make a recovery.
Is It Medical Negligence or Medical Malpractice?
Georgia recognizes two types of medical mistakes. One is considered an innocent accident and the other may entitle you to potentially receive compensation. Before you can file an injury claim, you need to determine if it’s medical negligence or malpractice.
Medical negligence is considered an honest mistake. Remember, healthcare professionals are human and mistakes can occur. An example is if a pharmacist accidentally misreads the dosage on a prescription. Yes, this can result in injuries but since it’s considered an honest mistake you probably can’t file a medical malpractice claim. However, you may be able to file a personal injury claim against the pharmacist.
If a physician knowingly prescribes a medication that will interfere with your treatment or health condition, this can be considered a form of medical malpractice.
The key difference between the two types of medical errors is intent. You must show there’s an intent to cause harm or that the healthcare provider’s actions are not those commonly taken by their peers. An example of this is leaving a sponge behind in a patient after surgery. A reasonable physician will ensure all foreign objects are removed from the patient before ending the surgery.
Steps for Proving a Medical Malpractice Claim in Georgia
After establishing you have a medical malpractice claim and aren’t a victim of an honest mistake, it’s time to start proving your case.
You will need to establish there’s a relationship between you and the healthcare provider. In other words, you can’t file a medical malpractice claim against a random physician. There must be an established relationship.
Usually proving a doctor-patient relationship is relatively easy. Your medical records, bills, and even prescriptions can prove you were under the physician’s care at the time the incident occurred.
Establish a Standard of Care
All healthcare providers must meet the accepted level of care. Also known as the standard of care, it refers to the quality of treatment you receive. The treatment can be anything from a routine physical that misses obvious signs of a physical condition. Even ignoring a patient’s complaint can be seen as providing less than the accepted standard of care.
Proving this step in a medical malpractice claim can be challenging. Treatment options are constantly changing and advancing and this can even include how a health condition is diagnosed. Usually, you need to rely on expert testimony and other types of documentation to prove this step in the legal process.
Your medical malpractice attorney should be able to provide the necessary resources to establish if you experienced a deviation in the standard of care.
Proving Negligence
This can be a little confusing since Georgia typically considers medical negligence an innocent accident. With that being said, you still need to show the medical professional is negligent in their care. Sometimes, this is taken care of when you establish the standard of care, but not always.
You must show that the healthcare provider’s actions aren’t those of a typical medical professional. Some examples of negligence in a medical malpractice claim can include errors in prescribing medications, surgical mistakes, or misdiagnosing a common health condition.
The same evidence you use to establish the standard of care like your medical records and expert testimony can often be used to prove negligence.
Showing Causation
After establishing negligence, you need to show that the actions and/or behavior of the medical professional are directly responsible for your damages. To put it simply, you must show your injuries wouldn’t have occurred but for their healthcare provider’s negligence.
Using the example of a sponge left inside a patient after surgery. You wouldn’t have developed a life-threatening infection if the surgeon had removed the sponge.
If your claim involves the wrong prescription, you wouldn’t have developed debilitating side effects if the physician had provided the right medication. These are only a couple of examples of how you can show causation in a medical malpractice claim.
Proving You Suffered Damages
Your medical malpractice claim can include both economic and non-economic damages. However, to receive compensation you must show that your damages are directly caused by the healthcare provider’s negligence.
Once again, your medical records, bills, and receipts can help establish your losses. You may need to provide other types of documentation, depending on the damages listed in your claim. Your medical malpractice attorney can help you gather the necessary evidence.
Don’t File a Medical Malpractice Claim Alone
Even though the steps for filing a medical malpractice claim in Georgia aren’t too complicated, you still need to keep up with deadlines and provide plenty of evidence.
Working with a medical malpractice attorney can simplify the process and help ensure you receive compensation for your damages.
