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We have represented victims of medical malpractice who have experienced one of these examples of negligence:
While most healthcare professionals provide dependable and consistent care to every patient they interact with, mistakes can and do occur.
Unfortunately, when medical workers are negligent, the outcomes for those affected by their reckless or careless behavior are often devastating.
If you had a condition misdiagnosed, suffered unnecessary harm during surgery, or experienced any other negative outcome at the hands of a negligent healthcare provider, it may be in your best interests to speak with a medical malpractice lawyer.
A skilled personal injury attorney could explain your options for pursuing compensation and help you navigate the complex regulations that govern these types of civil claims.
On a basic level, medical malpractice lawsuits function just like all other personal injury cases.
An injured plaintiff seeks to hold a defendant liable for the harm they caused by breaching their duty of care.
However, there are several additional steps required during the filing process for a malpractice case that could severely limit or prohibit recovery if not followed.
For example, once a prospective plaintiff has filed their medical malpractice case, they generally must supplement it with an affidavit of merit—also called a ‘certificate of good faith’—within 90 days of the initial filing date.
In Tennessee, under Tenn. Code §29-26-122, this certificate must confirm that the plaintiff and their attorney consulted in good faith with at least one medical malpractice expert who believes their case has merit.
Similarly, Georgia law requires an expert affidavit in medical malpractice cases. The expert must be licensed in Georgia and in the same field of medicine as the defendant.
In addition to the affidavit, many cases require testimony from at least one expert witness, who must be qualified to testify about the specific medical practice involved in the alleged malpractice.
Unfortunately, both Tennessee and Georgia impose limits on how much a plaintiff can recover for non-economic damages in a successful personal injury case.
In Tennessee, the cap for non-economic damages is typically set at $750,000, regardless of whether a single incident or multiple acts caused the injury. However, cases involving catastrophic injuries, such as paralysis or loss of a limb, may allow for up to $1 million in recovery.
Georgia has a similar cap for non-economic damages in medical malpractice cases, but it may vary depending on the specifics of the case. For example, there may be no cap for cases involving intentional harm, fraudulent acts to hide negligence, or injuries caused while under the influence of drugs or alcohol.
Both states have time limits for filing medical malpractice cases—one year from the discovery of the injury, and no more than three years from the date of the injury itself. If you’re unsure about the specifics of your case, a local attorney can help clarify which laws apply and ensure your case is filed within the required timeframe.
Negligence by medical professionals can often result in debilitating physical, financial, and emotional harm, and unfortunately, that harm is sometimes fatal.
If you or a loved one suffered from negligent medical treatment, exploring your legal options may be your best option for recourse.
A conversation with a knowledgeable Tennessee or Georgia medical malpractice lawyer could help you understand your rights and decide on the best course of action for protecting your best interests.
Call today to speak with trustworthy legal counsel about your case and schedule an initial consultation.
When you step through the doors of The Law Offices of Kyle Peiter, you can expect to interact directly with me from start to finish.
I am passionate about your story and doing my best work for you.
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