Most Georgia medical staff are hardworking people, doing their best to save lives. However, as with any industry, some people fail to meet the standards demanded of their profession. Likewise, medical facilities can also fail to comply with the required standards at times.
If you wish to bring a medical malpractice claim in Georgia, these are some things you need to know:
- What does Georgia law say about medical malpractice? Georgia law states that people working in the medical profession must do so with “a reasonable degree of care and skill.” And that “any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.”
- How long do I have to bring a medical malpractice claim? Generally, you have two years to make a claim, unless you do not discover the damage done until later, in which case you have five years, in most cases.
- Whom should I bring a case against? You may claim against the medical practitioner, the medical facility or, if drugs were involved, the drug company.
- What proof do I need to bring a claim? You need another medical professional to sign an affidavit, outlining why your claim is justified and the ways in which the standards were not met.
- How much can I claim? You can sue for three types of damages:
- Economic damages for costs incurred have no maximum.
- Non-economic damages for pain and suffering have a maximum of $350,000.
- Punitive damages, to punish the person or facility has a maximum of $250,000
Medical malpractice can be tough to prove. If you think you have a case, seek legal advice to see how realistic your chances of bringing a successful medical malpractice claim are.