The statute of limitations for medical malpractice varies by the circumstances of the case and state. Georgia generally imposes a two-year time limit from the date of personal injury or death, no later than five years.
However, some conditions of medical malpractice have separate statutes. For example, for the discovery of a foreign object, a victim has one year from the date of discovery.
Another stipulation states minors under age five have two years from the minor’s fifth birthday to bring a cause of action. If a minor was under five when the medical malpractice occurred, they may not file a cause of action after their tenth birthday.
Understanding the statute of limitations for -medical malpractice and filing deadlines can be complex. Schedule a free consultation with an experienced medical malpractice attorney in your area to discuss the specifics of your case. You may be eligible to recover substantial compensation for your injuries and financial losses.
Common Medical Malpractice Cases
Medical malpractice is a blanket term covering various negligent acts from the physician to the pharmacist. The most common medical malpractice cases involve:
- A failure to diagnose
- A delayed or misdiagnosis
- A failure to adequately monitor or treat a patient
- A failure to order necessary imaging and lab work
- A failure to obtain informed consent
- Prescribing unsafe or unnecessary medical treatment and procedures
- Medication errors —hospital administration of meds and prescription mistakes
- Medical device and equipment failures
- Working with patients while intoxicated or impaired
- Surgical and anesthesia errors
- Mistakes made during childbirth
Wrongful death often results from medical malpractice and is another cause of action for surviving victims. If you lost a loved one due to medical malpractice, you may be eligible to recover financial losses and pain and suffering. Consult an experienced medical malpractice lawyer to explore your legal options and discuss the local statute of limitations for medical malpractice resulting in wrongful death.
How Much is the Average Medical Malpractice Settlement?
Determining the average medical malpractice settlement involves many factors, such as state jurisdiction, severity of injuries, length of case investigation, and liable insurance policy amounts. It is impossible to give clients the exact compensation amount they should expect. Be wary of any attorney promising you precise payouts.
Compensation You Can Seek in a Medical Malpractice Claim
When your medical malpractice lawyer values your claim before issuing a demand letter, they will consider all losses and damages incurred from your injuries. These damages are categorized as special and general damages.
Special Damages
Special or economic damages are financial losses incurred from injuries resulting from personal injury accidents, including medical malpractice. Special damages commonly include:
- Past and future medical and rehabilitation costs
- Home healthcare services
- Travel expenses to and from healthcare appointments
- Income losses (salary, benefits, bonuses, future earnings)
- Household services (cleaning, cooking, laundry, meal delivery)
- Travel mobility modifications to accommodate disability
- Home mobility modifications to accommodate disability
Proving economic losses includes providing a paper trail of your special damages. Keep billing statements, invoices, receipts, and any other documentation of financial losses. Your attorney will use these to recover compensation.
General Damages
General or non-economic damages are losses that most people acknowledge as pain and suffering. General damages may involve:
- Physical impairments (disfigurement and scarring)
- Permanent disabilities
- Decreased quality of life
- Emotional distress and mental anguish
- Worsening of existing conditions and injuries
- Psychological trauma (post-traumatic stress disorder —PTSD)
- Depression and anxiety
Some states cap non-economic damages in medical malpractice cases, but many do not. To prove general damages, victims of medical malpractice should keep a dated and detailed journal of their injuries, pain, and suffering.
Additionally, your attorney may secure expert witness testimony to prove damages, such as psychological trauma or a change in vocational needs due to disability.
Wrongful Death Damages
Losing a loved one is never easy. However, compacting grief with the stress of financial burden only adds to the difficulty. No one should be responsible for assuming financial responsibility when their loved one dies due to the negligence of another. Wrongful death damages you may recover compensation for include:
- Pain and suffering of the decedent
- Medical expenses of the decedent
- Grief and mental anguish
- Loss of financial support (salary, benefits, trajected promotions)
- Loss of household support (childcare, cooking, cleaning)
- Loss of training and guidance
- Loss of consortium (companionship, physical intimacy)
- Loss of shared activities
Medical bills, autopsy reports, expert and eyewitness testimony, and photographic or video evidence demonstrating negligence can prove negligent death damages. Contact a medical malpractice lawyer to help gather the evidence necessary to recover compensation.
Who Is Financially Liable for Medical Malpractice-Related Losses?
Medical malpractice cases can be complex and involve many or multiple liable parties. The American Medical Association (AMA) reports that male general surgeons, obstetricians, and gynecologists (OB/GYN) are the most likely to be sued for medical malpractice. Other liable parties may involve:
- Hospitals, medical centers, facilities, nursing homes, and their staff
- Physicians
- Anesthesiologists
- Nurses and certified nursing assistants
- Pharmacists
- Paramedics and emergency service staff
- Dentists
- Medical equipment manufacturers
A medical malpractice attorney will gather every facet of evidence to determine all liable parties involved in your claim. This ensures maximum compensation to cover expenses and other losses.
How a Medical Malpractice Lawyer Can Help
Due to the complex nature of medical malpractice, such as dealing with multiple liable parties and insurers, having an experienced attorney can be helpful. Your attorney will meet all legal deadlines and organize the mountain of paperwork associated with medical malpractice cases. Additionally, they will:
- Investigate Your Claim: Lawyers gather, analyze, and present evidence, including medical records, diagnostic test results, and physical, photographic, and video evidence of the injuries.
- Interview Witnesses: Locating and interviewing witnesses for their statements is another part of a medical malpractice attorney's investigation into your claim.
- Consult Experts: An attorney may consult many experts depending on the circumstances of your case. These experts include medical professionals, hospital administrators, life care planners, pharmacists, and vocational and economic experts.
- Value Your Claim: A considerable benefit of securing an experienced lawyer is their ability to value your claim after exhaustively evaluating all financial losses and other damages to maximize compensation.
- Negotiate Your Settlement: Lawyers are skilled negotiators who hone their skills with every case they take. It's second nature to them. Having an attorney on your team provides a better opportunity to negotiate larger settlements than trying to handle insurance companies alone, especially concerning multiple liability.
If you have been injured or lost a loved one due to medical malpractice, consult an experienced injury lawyer in Winder to discuss your case. The sooner, the better —regarding the statute of limitations for medical malpractice.