Before surgery, there are some steps to follow to prepare both mentally and legally. While we would like to believe that there are no risks going into surgery, there are a variety of things that can occur and go wrong when going under the knife. That is why having a personal injury attorney on your side after a medical mishap is a necessity.
Criminal, Civil, or Administrative Case
When medical malpractice occurs, it can be due to the doctor’s erroneous diagnosis, or by omission of action. For example, if a doctor orders a diagnostic test and then fails to read the results correctly, this failing to diagnose the patient with cancer, it could be considered an omission of action.
In other cases of medical malpractice, errors are caused by defective surgical devices or the medical team performing their part of the surgery incorrectly such as leaving surgical instruments inside a patient, preparing and administering the wrong medications, fal;ing to monitor medical equipment, and more.
Obligation of the Doctor
Each physician and health care practitioner is held to a strict standard of care. This means that the health care provider, whether a physician, nurse, laboratory technician, therapist, or other provider, is required to act in a manner that any other similar health care practitioner would in a similar situation. If this standard of care is breached and a patient suffers injuries or illness due to this breach, it could be considered medical malpractice.
A physician is also required to inform his or her patients of any circumstances that could influence their decisions to carry out certain medical treatments. These may include surgical risks, side effects, and others.
Statute of Limitations
Each state sets its own medical malpractice statute of limitations. This is the time limit in which the claim must be filed in court. In Georgia, this time limit for medical malpractice claims is two years from the date the patient was injured or died. Georgia laws also include a statute of repose, which places further limitations on a patient’s ability to file medical malpractice claims. In this law, an injured person has five years to file a lawsuit after their injury incurred from medical malpractice. Because of these confusing and complex laws, it is imperative that you speak to a medical malpractice attorney as quickly as possible after you have suffered a medical malpractice injury.
Medical Malpractice Damages After Surgery
If the court rules that you have been the victim of medical malpractice, you may be entitled to compensation. This compensation comes in the form of different types of damages. Compensatory damages are the compensation you receive for your financial losses, including loss of income and medical costs. Non-economic damages are those that compensate you for pain and suffering and other damages that are harder to attribute a definite dollar figure. Punitive damages are also awarded in some cases, and those are meant to punish the medical provider whose reckless actions resulted in your injuries.
Contact a Medical Malpractice Attorney Today
If you have been the victim of medical malpractice, contact the experienced attorneys at Jonathan R. Brockman, P.C. today to schedule a consultation. Let us focus on the paperwork so you can focus on your recovery.