Filing a claim for medical malpractice is not as easy as you may think. Not only do you have to prove that you suffered harm during or by an act of medical care, but you must also prove that the healthcare provider in question actually violated the standard of medical care owed to you. Here is an overview of how the standard of care works in Georgia medical malpractice cases.
What is the medical standard of care in Georgia?
Standard of care refers to the accepted standards all medical professionals in a given profession must abide by. This means that if two surgeons complete the same surgery, even if the results are not the same, the overall procedure and care given should be similar. The standard of care applies to all patients; however, the care given to each patient may be different.
Note: If you suffer injuries during a surgery and the surgeon did not violate the standard of care and did everything in his power to keep you from harm, you do not have a medical malpractice case. You must prove that his violation is what caused your injury.
How do I prove that my doctor violated the standard of care?
According to Georgia law [O.C.G.A. § 51-1-27], a medical professional must use a “reasonable degree of care and skill” when providing medical care. Proving that a medical professional did not use this reasonable degree of care and violated his profession’s standard of care can be difficult to do, and will require gathering a plethora of evidence and data to support your claim.
You will need medical records, which should both prove your injury and suggest that the breach of standard of care is what caused your injury. In addition to medical records, you will also need to have a medical expert, or experts, testify on your behalf, stating that the doctor at-fault did indeed deviate from what a reasonable physician in the same circumstance would do.
Do I need a Gwinnett County medical malpractice lawyer?
Filing a claim for medical malpractice is a complex process. You want an attorney on your side who can help you gather and prepare your medical records, and who has access to expert medical witnesses who can testify on your behalf. If your case goes to trial, you will also need someone who can present your case to the court and form compelling arguments.
When you have been the victim of medical malpractice in Georgia, you need a medical malpractice attorney you can trust. Remember, the statute of limitations for filing a medical malpractice claim is two years, so act quickly! Contact the Brauns Law team today at 404-418-8244.