Medical negligence is a very complicated form of law. It is one fraught with issues of validity. The defendant must prove the doctor or other medical professional was somehow negligent in his or her duties. Each state has its own specific statutes governing who can legitimately file a claim for medical negligence or, as, it is often called, medical malpractice.
Filing A Claim in Georgia
In Georgia, an individual may file a claim against a variety of medical including dentists. A plaintiff can lay a claim for damages resulting from such services as diagnosis, surgery, prescription, treatment and care. The statute covers the actual medical personnel and any person who is “acting under the supervision and control of a lawfully authorized person.”
In order to file a claim for medical negligence in Georgia, the plaintiff must follow a set procedure. Failure to adhere to this can result in the dismissal of the claim.
- File the original complaint against the medical professional
- Provide authorization – either the plaintiff or his representative does so – for the acquiring and disclosing of all pertinent medical data. This information is not only for the plaintiff to provide proof of the medical negligence claim but to allow investigation and evaluation of the material by the court and defendant
- Take action on the case a maximum of 2 years in accordance with the Statute of Limitations of Georgia
Allowances And Restrictions in Georgia
The State of Georgia allows for both economic and non-economic financial expenses. The former is readily supported by documentation and other forms of paperwork. Non-economic damage is less facile to prove. Under Georgia law, the non-economic damage for medical negligence includes:
- Anxiety
- Hardship
- Emotional distress
- Discomfort
- Mental anguish
- Harm to the quality of life
- Loss of company
- Physical pain
Georgia law stated, until recently, the cap for non-economic damages was $350,000 for an individual medical facility. The Georgia Supreme Court in 2010 ruled this to be unconstitutional. This leaves the matter in flux. It is now also questionable whether the overall cap for all medical facilities named in the claim is $700,000. Now also in doubt is the perceived cap of $1,050,000 for all non-economic awards under a single medical negligence claim.
Why Ask For The Services Of An Attorney?
Such changes in law are only one reason why you should consider hiring a lawyer experience in medical negligence and malpractice. It is the only viable way you can understand and adhere to the current legal statutes. In doing so, you are taking a solid step towards winning your case.
