You put your trust in medical professionals. But when those in whom you put your trust fail to live up to the professional standard of care, and you are harmed, you have the right to bring a claim against the doctor – in fact, it is the doctor's insurer that will pay your damages. If you think you have a valid case, get help from a medical malpractice attorney in Gwinnett County at Brauns Law. Hospitals and doctors have access to excellent legal help. You should as well.
We Help You Prove the Doctor is Liable for Medical Malpractice
Some actions that can give rise to a medical malpractice claim include the following.
- Errors in anesthesia
- Surgical errors
- Failure to properly diagnose and/or treat
- Unreasonable delay in treatment
- Failure to obtain informed consent
There are several parties that may be liable, but ultimately, in order to bring a claim against a medical professional, you have to be able to prove that the doctor, nurse, anesthesiologist, or other medical professional failed to meet the appropriate standard of care. In other words, were they negligent?
The answer to this question, unfortunately, is not a simple one. Under Georgia law, a medical professional is required to use "a reasonable degree of care and skill." [O.C.G.A. §51-1-27] This can be ambiguous, which is why it is important to bring in medical experts and present other evidence to clearly demonstrate the doctor failed to meet the standard of care.
In any medical malpractice case, the state of Georgia requires that an expert witness testify that the care given to the injured party did not meet reasonable standards. David Brauns will help you secure an expert witness to testify on behalf of your case, and will set to work compiling other evidence to establish negligence and liability, including your medical records.
You Have a Limited Time in Which to File Your Medical Malpractice Claim
In any medical malpractice case, there are limits on how long a patient has to file a claim.
Generally, you only have two years from the date of injury to bring an action, otherwise you cannot make a claim at all. There are a couple of exceptions. For example, if you were initially unaware of a foreign object left in your body, then you have a year to bring the claim from the time you discover it. In the case of minors, the statute of limitations is also two years but cannot begin to run until the minor turns seven years old.
Further, there is a statute of repose for medical malpractice cases in Georgia that prevents filing a claim more than five years after the incident that led to the injury. For minors, the statute of repose cannot start running before the minor's 10th birthday.
David Brauns Can Ensure You Recover a Full and Fair Settlement
In Georgia, there are three types of damages you may be able to recover in a medical malpractice case.
- Compensatory - These cover the losses and expenses you experience because of your injuries. They can include medical bills, lost wages, etc.
- Non-economic - These include payment for pain and suffering and other intangible losses.
- Punitive damages - These punish wrongdoers if there is evidence that there was reckless or willful misconduct or fraud.
There are at present no statutory limits for compensatory or non-economic damages in medical malpractice cases in Georgia. Punitive damages, while rare, are limited to $250,000, except in limited circumstances.
In addition to the evidence establishing liability, we will compile evidence that demonstrates the effects the injury has had on your life. This might include your bills and evidence of lost wages. It could also include pain diaries or witness testimony.
Get the Damages You Deserve – Get Help from Attorney David Brauns
David Brauns works on a contingency fee basis. This means he only receives a percentage of the amount you recover. If you do not recover anything, then he does not recover anything from you.
If a medical professional caused you harm, do not put your trust in their lawyers to treat you fairly. Work with Brauns Law in Gwinnett County to prove a doctor's negligence and liability and recover the damages you deserve. Set up your consultation by calling us at 404-418-8244.