Medical Malpractice Attorneys Serving Savannah, Georgia
Medical malpractice occurs when a doctor or other medical provider fails to meet the applicable standard of care, and causes harm to a patient. In recent years, some disturbing facts about medical malpractice have come to light. It has been shown that medical malpractice is actually the third leading cause of death in the United States. When people suffer injuries as the result of negligent medical care, they have the right to collect compensation for their injuries.
At Montlick & Associates, our attorneys have served as advocates for injured patients since 1984, and we understand how important it is for people to receive the compensation to which they are entitled.
Elements to Medical Malpractice Claims in Georgia
There are four elements that an injured person must prove in order to be able to receive compensation in a medical malpractice case.
First, the injured person must have been owed a duty by the doctor or medical practitioner. This basically means the injured person must have been a patient of the doctor. If the injured person was hurt because they followed the advice they overheard a doctor giving someone else on the subway, this would not be grounds for a medical malpractice case.
The second element is that the duty that was owed to the patient must have been breached. Sometimes doctors make mistakes, or fail to diagnose a condition under circumstances that would not amount to medical malpractice. For instance, if a doctor failed to diagnose a condition that was rare and not presenting any symptoms, then the doctor might have met the standard of care, and it might be the case that most doctors would not have been able to make the diagnosis under the same situation. On the other hand, if a doctor failed to consider a condition that was highly likely given a patient’s symptoms, and if most doctors would have been able to make that diagnosis, then there was likely a breach of duty.
The third element requires that the injury was the result of the breached duty. For instance, think of the example where the patient was injured because a doctor failed to diagnose a condition that would have been extremely difficult to diagnose. The failed diagnosis was not a breach of duty. If the doctor also was negligent by prescribing the wrong medication to the patient, but the pharmacist caught the error and the patient never suffered any harm as a result of this error, then the harm that resulted for the patient was not a result of the negligent act, but rather the result of an action that was not negligent, and not a breach of duty. Here the doctor breached a duty, and the patient suffered harm, but the two were not connected, meaning there would not be a valid medical malpractice claim.
Finally, the fourth element is that the patient suffered harm resulting in actual damages. If the injury requires more medical attention or a great deal of pain, then this is probably met. If the only injury is about as serious as a papercut, then there are probably not actual damages.
Georgia Medical Malpractice Statute of Limitations
In Georgia, the statute of limitations for medical malpractice claims is two years, although if the injury does not become immediately apparent, the injured person has up to five years following the action that caused the injury.
If you have suffered an injury as the result of medical malpractice, contact Montlick & Associates to have your claim evaluated by an experienced personal injury attorney.
Put Our Law Firm's Over 38 Years of Legal Experience to Work For Your Case!
The time you have to legally receive compensation for your medical malpractice claim is limited. Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 38 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.