Starting a Medical Malpractice Case

Learning that a medical treatment or procedure didn’t go as you’d hoped can be disappointing. Finding out that the reason you experienced a poor outcome was because a doctor, nurse, other medical professional, or hospital failed to provide the acceptable standard of care is absolutely devastating.

If you were injured or harmed by a medical professional’s misdiagnosis, delayed diagnosis, surgical or anesthesia error, failure to treat, or medication error, you may have grounds to file a Georgia medical malpractice lawsuit.

Here’s what you can do to start your case:

• See another doctor. Getting appropriate care from a different doctor is not only important for your health, but it also makes it possible for any conditions caused or exacerbated by your original doctor to be documented in your medical records
• Obtain your medical records. Thorough medical documentation is essential in malpractice cases, as it shows the steps your original doctor took—or didn’t take—that resulted in your injury. You have a right to your records: make a written request to the appropriate health care facility or contact an attorney for help.
• Consult an attorney. A skilled attorney can support and advise you through each step of the litigation process, and increase your chances of achieving a successful resolution to your case.
• Have a qualified medical expert prepare an “affidavit of expert.” Georgia requires medical malpractice complaints to include an affidavit prepared by a medical expert offering their sworn opinion of at least one example of medical negligence in your case, as well as a factual basis for that determination. Failing to provide this statement can cause your case to be dismissed. Your attorney can help you find a qualified medical expert to speak on your behalf.
• Draft and file your medical malpractice complaint. Work with your attorney to present a case against the negligent doctor or hospital. The filing of the complaint is the first official step in the litigation process.

Hoping to recover compensation for injuries caused by medical negligence? It’s important to act quickly. According to Georgia’s statute of limitation for medical malpractice cases, you have just two years from the date your injury occurred to file a lawsuit. In instances where the injury wasn’t immediately discoverable, however, this filing deadline may be extended.

Harmed as a result of a medical professional’s negligence? Speak with a member of Van Sant Law’s accomplished legal team as soon as possible. Please contact us online, or call our office directly at 855-GA-INJURY or 404-991-5950, to schedule your free consultation.