Winning a malpractice lawsuit is a complicated process in any state, including the state of Georgia. From the get-go, the medical and legal issues related to these types of cases are definitely complex. There are rules, laws, procedures and policies that must be adhered to, and it’s important that you are aware of each and every one of them. The plaintiff of the lawsuit must make sure that they comply with all of the procedural rules. The plaintiff also needs to recognize that there are statutory compensation limits. There is also an expert affidavit rule, a claim filing deadline and a damages cap. One mistake and your case could be dismissed by the court.
The Statute of Limitations for Medical Malpractice in Georgia
If you’re thinking of filing a medical malpractice lawsuit in Georgia, you need to be aware of the statute of limitations. The statute of limitations is the amount of time you must file your case within in the states civil court system. Under section 9-3-71 of Georgia’s law, a lawsuit for medical malpractice must be brought within 2 years of the injury or death cause by a negligent act. Georgia’s law for medical malpractice also specifies that no action for medical malpractice may take place after 5 years of the incident. Even if the negligence caused harm that did not show up right away, a lawsuit may not be initiated after 5 years. This is outlined in the section outlining the statute of repose. The only exception to this rule is if a foreign object is found in the patient’s body after 5 years. Even if negligence is obvious, you must follow the statute of limitations. If you try to file a lawsuit after the statute of limitations has expired, the court will dismiss your case. This is why it is critical that you file your medical malpractice lawsuit within the statute of limitations time period. It is important to note that the statute of limitations is strictly it hit you by the court.
The Affidavit of Expert Requirement
There are laws in the state of Georgia that are specific to medical malpractice lawsuits. Under Georgia law, any medical malpractice lawsuit as file an affidavit by a qualified medical expert. This expert will give an opinion about the negligent act based on facts. This is a sworn opinion and is used as testimony. An initial complaint must also be filed. If you fail to file an affidavit of expert, your case may be dismissed by the court. However, there are times when the court may grant you an extra 45 days to do this. It depends on the individual circumstances surrounding your lawsuit. For example, maybe you’ve just hired an attorney to represent you.
The Medical Malpractice Caps in Georgia
The state of Georgia imposes medical malpractice damages on different types of damages. Even if a jury awards a high award, there are state caps that will apply. Georgia law determines how much you will receive. These restrictions apply only to non-economic damages. And these caps include scarring, mental anguish, pain and suffering and more. Under Georgia law, there is a $350,000 cap for non-economic damages. But, if more than one Health Care facility is deemed negligent, the award and cap increase to $700,000. However, there is a 1.05-million-dollar cap on non-economic damages for any one medical practice lawsuit. It’s wise to be aware of the caps on non-economic damages in the state of Georgia.
The Average Settlement for a Medical Malpractice Lawsuit
The average award for a medical malpractice case ranges from $250,000 to $400,000. The median award of a malpractice award is about $250,000 The average jury verdict in a medical malpractice case ranges around 1 million dollars.
If you’re considering filing a medical malpractice lawsuit, it is best to hire a medical malpractice attorney to represent you. The laws are complicated, and on your own it can be uphill battle. A medical malpractice attorney is an experienced professional who will have all the resources needed to help win your case. They can even assist you with finding medical experts to support your claim. Plus, this professional has experience in these types of cases and understands the medical terminology involved. It is a known fact that you’ll get a larger award with a medical malpractice attorney then without one. A medical malpractice attorney will help you navigate the complex legal and medical system. In addition, you have a strong advocate for ensuring that you receive justice for your injuries due to another party’s negligence.
Think you have a valid medical malpractice claim? Contact and experience medical malpractice attorney today for a free consultation. This type of attorney will let you know whether or not you have a valid case. A medical malpractice attorney will guide you in the right direction. They fight hard for their clients.