Medical Malpractice FAQ

1. Q. What is medical malpractice?

A. A medical malpractice case is a case that involves the negligent providing of healthcare to a patient. It can involve for example a doctor or the doctor's staff, a medical lab, a hospital and its employees like nurses, a nursing home, home healthcare providers or anyone who is providing healthcare to a patient. If a doctor has not given you the standard of care required and caused you injury, please contact our Atlanta Medical Malpractice Attorneys!

2. Q. How long does a patient or family member have to file a malpractice suit in Georgia?

A. A patient or family member has to file suit within two years from the date of being injured. If the patient dies and the contention is their death was caused from malpractice they have to file suit within two years of the death. Medical cases however require a lot of pre-suit investigation and you should see a lawyer as soon as you think you may have a case because the lawyer will have to investigate the case find an expert as stated below.

3. Q. How do I know if I have a viable medical malpractice case?

A. In order for an injured person to pursue a medical malpractice case through the courts in Georgia, a sworn statement known as an "Affidavit" from a qualified medical expert witness will have to be obtained in order to file a lawsuit. This affidavit must state at least one negligent act performed by the medical professional you intend to sue. Consequently, it will be necessary for you to obtain the relevant medical records for the patient or have an attorney obtain them for you. Then you need to meet with the attorney in order for the attorney review the facts with you and review the records. The attorney will then have to find a competent expert to review the facts and records to ultimately determine whether or not that expert is willing to sign an affidavit swearing that the healthcare provider was negligent before a suit can be filed.

4. Q. Why do I need an expert?

A. The law requires the patient to prove what the healthcare provider was suppose to do under the particular facts of your case. There is no set of legal standards for medical providers so that the patient's expert witness has to prove the standard of care for any given case to a jury if your case is not resolved before trial. Without an expert, a patient cannot proceed with a case. This requirement eliminates "frivolous suits" and gives you a competent evaluation of your case up front. More facts can be discovered through testimony after the case is filed which strengthen or weaken your case.

5. Q. What do I look for to see if I have a possible medical malpractice case?

A. Any medical incident that involves a serious injury needs to be explored. Bad outcomes may result from negligence. Medical providers rarely come forward and admit their mistakes. Even if they do, their insurance carrier will not be knocking at your door with a checkbook. To the contrary, the carrier will be trying to figure out a way not to pay you or pay you as little as possible.

6. Q. What should I do if I suspect something is not going correctly in my care or my loved one's care?

A. By all means talk to your healthcare providers about your concerns if the person is still under their care. Hopefully, they can correct the situation and the patient will recover. The patient's health has to be your primary concern. Consider a second opinion. Lawsuits are poor alternatives to a healthy recovery. Keep notes on what happened including dates and times of day the activity occurred as soon as you have time to write them down. Also, list the other people who have knowledge about what was going on whether they be friends, family members or other healthcare providers. Write down what they tell you. If the patient is in the hospital, try to have someone there with them 24 hours a day even if you are satisfied with their care. The best doctor in the world cannot make up for the bad nurse on the night shift.

7. Q. What if the patient signed a consent to a procedure that disclosed the procedure could injure or kill the patient, does that prevent you from suing?

A. That consent does not excuse the death or injury if the procedure was done negligently. Consequently, you need to contact a lawyer to have the case reviewed by meeting with you and having the records reviewed. The lawyer then needs a competent expert to review the case.

8. Q. What is my case worth?

A. Each case is different and no two have the same worth. An injured patient is generally entitled to recover their medical expenses that were caused by the negligence and those medical expenses in the future which will relate to the injury. If a person is employed and misses work as a result of the injury, they can recover their lost wages. If they cannot work in the future, they can recover their future lost wages. If they do not work, they can recover for their lost ability to earn in the future. In other words if an unemployed airline pilot were injured, he could seek what his future wages could be if he had a job as a pilot because he lost the ability to be a pilot even though he was unemployed at the time he was injured. This is a particularly important item of recovery for a young person or an underemployed or unemployed person with skills. The value of services like a homemaker can also be recovered. They can also recover for the pain they suffer physically and mentally. The worth of the case also depends upon the persons involved and where the lawsuit is filed as the makeup of the jury varies from county to county. Some jurors are more generous about compensating people than others.

9. Q. How long does it take to prosecute a medical malpractice case in Georgia?

A. It varies depending on the complexity of the case, the court where the case is pending and the insurance carrier involved. Generally except in a blatant case, you are looking at 1 to 5 years in general through a trial if there are no appeals. There are two levels of appeal in Georgia (Georgia Court of Appeals and Georgia Supreme Court) and it has been our experience that each level adds a year to the length of the determination.

Please contact our Atlanta Medical Malpractice Attorneys if you have any more questions on medical malpractice or feel you have been involved in medical negligence incidence.

The law firm of Kirschner & Venker, P.C. provides legal services to the cities of Atlanta, Macon, Columbus, Augusta, Carrollton, Athens, Albany, Dalton, Gainesville, Decatur, Sandy Springs, Marietta, Lawrenceville, Jonesboro, Conyers, Douglasville, Roswell, College Park, Duluth, Forest Park, Norcross, Vinings, Buckhead, Macon and Smyrna, Warner Robins, and the counties of Fulton, DeKalb, Gwinnett, Cobb, Clayton, Douglas and Rockdale, Georgia; GA.