Gwinnett County Medical Malpractice Lawyer
When you visit a doctor, physician, or other medical professionals, you confide in the fact that they will be able to make a proper diagnosis of your condition. Unfortunately, there have been instances in which a doctor’s negligence led to an improper diagnosis. As a result, patients could sustain injuries in addition to any other injuries or illnesses they possess.
If you or a loved one has been injured due to a doctor’s negligence or reckless behavior, a Gwinnett County medical malpractice lawyer could help you hold the at-fault party liable for their negligence. Contact a professional personal injury attorney today for assistance with building a convincing injury claim.
What are the Statute of Limitations for Medical Malpractice Cases?
Victims who intend to file a medical malpractice suit in the state of Georgia should be familiar with the statute of limitations. This is the official law that outlines the timeframe a victim has to pursue compensation for a medical malpractice claim.
The Official Code of Georgia Annotated Section 9-3-71 outlines that a medical malpractice case has to be filed a maximum of two years after the date on which the death or injury arising from a wrongful act, negligent act, or omission occurred. A seasoned lawyer could help one with filing a viable claim promptly.
What is the Statute of Repose?
The maximum time period for someone to file a medical malpractice lawsuit after an incident is no later than five years from the date on which the incident happened. This is referred to as a statute of repose.
The statute of repose most frequently applies in cases in which the victim does not discover the injuries immediately. One exception to this law refers to patients who have found a foreign object in their body, and those victims have no longer than one year after the medical negligence is discovered to initiate a civil claim, as outlined under OCGA Sect. 9-3-72.
Recoverable Damages in Medical Malpractice Cases
There are two forms of damages in personal injury cases: economic and non-economic. Examples of economic damages include loss of earnings, loss of future wages, medical care, and earning capacity. Non-economic damages could also include mental anguish, pain and suffering, scarring, loss of companionship, loss of enjoyment, and anxiety. A dedicated medical malpractice lawyer in Gwinnett County could help an injured victim calculate the damages they deserve.
Damages Caps for Compensation
Georgia lawmakers have formally legislated a cap on certain types of medical malpractice cases. This is true even after a jury has held a defendant liable and awards a certain amount of damages to the plaintiff. The damage cap applies specifically to non-economic damages. The state cap, which could be explained to a victim by a Gwinnett County medical error lawyer is at $350,000 for non-economic damages. However, Georgia’s Supreme Court deemed this non-economic damage cap unconstitutional in 2010. This damage cap does not affect a plaintiff’s economic damages.
Speak To a Gwinnett County Medical Malpractice Attorney Today
If you have been injured as a result of medical malpractice, you may be eligible to receive compensation for injuries sustained. However, in order to receive a damage award, you may need to enlist the services of a Gwinnett County medical malpractice lawyer.
At 770-GOOD-LAW firm, we will work tirelessly to get you the compensation you need. An attorney with experience in dealing with these types of cases could review the circumstances of your claim and inform you of your recommended next steps. To learn more, schedule a consultation today.