Medical malpractice claims arise when a healthcare provider fails to meet the accepted standard of treatment and care, causing injury to a patient. Unlike other lawsuits that arise when someone’s negligence causes a personal injury, regulations require you to complete additional pre-filing steps, and a personal injury attorney may be beneficial.
A medical expert must agree that malpractice occurred and caused you harm. Contact our office to schedule a consultation with a skilled Valdosta medical malpractice lawyer to review your case and discuss your options.
What Are the Required Elements?
To establish liability and obtain a settlement from a healthcare provider, the claim must successfully show that the required medical malpractice elements exist, including:
- A professional doctor–patient relationship existed, creating an obligation for them to provide competent care, known as the duty of care
- The doctor deviated from the healthcare treatment standard that is necessary for all medical providers, demonstrating a breach of duty
- The violation directly and proximately caused your injuries, a concept known as causation
- There is proof that you suffered actual harm, such as physical injuries and financial losses, as a result of the medical treatment received
Evidence may include hospital bills and records, as well as expert testimony from a provider working in the same or a similar field of medicine. In Valdosta, a knowledgeable healthcare malpractice attorney could determine if all the necessary elements are present after reviewing your case details.
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Statute of Limitations and Repose for Medical Malpractice Claims
Understanding the statute of limitations and repose, which are deadlines for filing claims, is crucial for medical malpractice cases. The statute of limitations for most lawsuits against medical providers who negligently cause harm is two years. However, there is an exception for the discovery rule.
That means if a doctor does not diagnose you immediately, the time limit begins on the day you reasonably discover that the medical care or treatment you received caused you harm. The statute of repose is four years, which requires commencing legal action against doctors and other healthcare professionals within four years of the date of the healthcare services, regardless of the discovery date. There are exceptions for cases involving intentional misrepresentation or concealment of errors, which could extend the period to seven years.
Pre-Suit Requirements
Pre-suit requirements apply to claims against healthcare providers. They aim to encourage early resolution and reduce the number of civil court cases. Under Georgia § 9-11-9.1, the plaintiff must serve the defendant with a Notice of Intent within 90 days before filing the claim in civil court. It must detail your injuries and the medical care you received, along with an expert affidavit stating that the doctor failed to meet the professional standard of care and you suffered harm as a result.
The medical provider has 90 days to respond, admit liability, and offer a settlement amount or request mediation. A medical negligence lawyer in Valdosta could handle the pre-filing requirements on your behalf and ensure compliance with all statutory rules and regulations.
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Call a Practiced Healthcare Malpractice Attorney in Valdosta Today
You have the right to seek compensation from the responsible party if a healthcare professional caused you harm. Nobody visits a doctor and expects to incur new and life-altering injuries. Contact a compassionate Valdosta medical malpractice lawyer from our team today to review your case and learn more about your options.
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