By: Lindsey Macon, Medical Malpractice Attorney Atlanta GA; Partner in the McArthur Law Firm
No other category of personal injury and wrongful death claims are NOT being pursued than for medical negligence and malfeasance. This field has a higher percentage of cases not being brought to legal experts than more common civil litigation such as car accidents, trucking accident wrecks, and pedestrian injury and death medical error cases.
In this GA medical malpractice article about medical malpractice attorneys in Georgia and investigating time limits to sue a doctor or hospital, the term “med mal” is used as a shortcut for the term “medical malpractice.” Law offices use this abbreviation just like they do the shortcut abbreviation of “PI” for “personal injury” cases.
That “non-action” being a fact is important because viable medical negligence cases need to be pursued. Not only are dangerous physicians, dentists, and chiropractors taken out of service, but society (as a whole) benefits, too.
This article focuses on the need for only taking a potential case to EXPERTS in pursuing medical negligence litigation claims and then listening to those legal professionals’ advice about your potential case. The main reasons for this are three-fold:
- Justice is served by gaining a monetary recovery for the loss of a loved one or for possibly having a previously productive person no longer be able to work or enjoy life due to medical negligence.
- A good number of botched surgeries or Georgia misdiagnosis cases wind up costing the taxpayers’ money, which impacts all of us. State government or federal government programs may be paying for the invalid person’s care for many decades when a previously productive wage earner now becomes a ward of the State.
Engaging in unsafe surgeries or handing out questionable prescriptions (medication errors) that cause addiction or are the wrong dosage can fall below the accepted “standard of care” for these medical professionals.
- American principles of civil justice support a legal system that holds accountable those who are specially trained in a state-sanctioned profession and yet do not follow the accepted and proven safety methods and precautions in safely delivering their medical services. In addition, when the state Medical Oversight Board learns of repeated malfeasance of medical doctors near me, it can suspend that practitioner’s license to engage further in practice.
Read more below about the medical malpractice lawyers free consultation near me with our Legal Warriors, if you believe that a failure to diagnose (e.g. cancer, brain injury), or from botched medical procedures (e.g., an orthopedic doctor operated on the wrong leg). If you ask Georgia’s best legal professionals who know this practice area, they will verify that the McArthur Law Firm has some of the Peach State’s top medical malpractice lawyers in Georgia.
About Our Team’s Leader: Kathy McArthur
Kathy McArthur, a leader of successful medical malpractice lawyers Atlanta since 1980, is the senior partner at McArthur Law Firm. However, the firm’s team includes multiple other medical malpractice lawyers with over 100 years of combined experience litigating these complex cases.
In February 2024, Mrs. McArthur was honored as the COVER Story lawyer (for all of Georgia) for the Super Lawyers magazine. So, she was singled out, from over 33,100 lawyers in Georgia, for this high honor. Since the inception of this attorney ratings magazine, fewer than twenty-four lawyers in Georgia have graced the cover of this attorney-ranking publication.
Attorney McArthur’s personal injury law firm has obtained multi-million dollar jury verdicts in many significant medical malpractice cases that have ended in a wrongful death or resulted in leaving a patient incapacitated. These cases are very important to all Georgians since it means that a physician or other medical professional has (in some way) fallen below the accepted standard of care when diagnosing or engaging in medical procedures.
While one medical mistake will not typically cause a doctor to lose her or his Georgia medical license, if the best medical malpractice lawyers in Georgia get three or more judgments against the same physician, then the Georgia Composite Medical Board will act to keep the public safe from additional surgeries by such doctors. And, yes, our law firm has had this scenario in a South Georgia city for one surgeon.
If a Case is Not Clear Cut Malpractice, Don’t Expect Top Attorneys to Take Your Case
Good cases are typically not pursued due to the reluctance of potential claimants to talk to a lawyer skilled in medical malpractice about their potential lawsuits. For centuries, doctors have been perceived as being good and helpful people in our society. But, some manage to get through medical school and pass the necessary exams, but they are dangerous.
By getting the case facts and medical records evaluated by competent Atlanta medical malpractice attorneys, the success rate skyrockets.
For any medical malpractice case our Firm takes, our legal Team will make certain it is vetted by one or more medical experts. The “good” medical professionals are just as interested in helping those hurt or killed by unsafe or dangerous physicians get culled out.
A national medical publication service article offers this information about outcomes in med mal cases:
“Malpractice outcomes bear a surprisingly good correlation with the quality of care as judged by other physicians.”
It also pointed out a law review article that came to a similar conclusion.
“Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence.” [Peters PG. Doctors & Juries. Mich. Law Rev. 2007;105:1453–1495]
Time Limits in Which to File Your Med Mal Lawsuit
Under OCGA Section 9-3-71, medical negligence lawsuits typically have a two-year limitation period, but exceptions exist to this 2-year general rule. For example, lawsuits related to a physician leaving a “foreign object” such as a sponge, needle, or a scalpel left inside patients during surgery can be initiated within a year from when the object is discovered to be there. See OCGA Section 9-3-72 for reference.
When a child is hurt, both the child and their parents can make separate claims. The parents can claim expenses for the child’s injury until they turn 18, as well as the loss of the child’s services. If the medical malpractice happened before the child turned five, the child’s lawsuit must be filed by their seventh birthday. So, if the malpractice happened after the child turned five, the lawsuit must be filed within two years of that act of malpractice.
Wrongful death claims must be filed within two years of death. Recent case law in GA allows updated complaints to relate back to initial filing for statute of limitations.
Georgia’s statute of repose limits medical malpractice lawsuits to within five years of the occurrence unless there is fraud, concealment, or misrepresentation. This law of repose limits medical malpractice wrongful death lawsuits to within five years of the malpractice occurrence.
A wrongful death lawsuit can be filed after five years if presented as a modification to a medical malpractice suit.
Neglecting to request essential tests can lead to missed diagnoses and delayed treatment, potentially causing harm to the patient. Inadequate examination of laboratory results can result in misinterpretation of data and incorrect treatment plans. Overlooking a diagnosis of cancer can have serious consequences, as early detection is crucial for successful treatment. Delays in treating infections can lead to complications and the spread of infection to other parts of the body.
The inability to identify and manage medical conditions promptly can result in the worsening of the condition and decreased quality of life for the patient. Mistakes in prescribing drugs can lead to adverse reactions, drug interactions, and ineffective treatment. Blunders during medical operations can result in surgical complications, infections, and even death.
Faults in organ replacements, such as heart and lung transplants, can lead to organ rejection, complications, and the need for additional surgeries. It is important for healthcare providers to be vigilant and thorough in their practice to avoid these common errors and provide the best possible care for their patients.
Leaving foreign materials in the body post-surgery can lead to a variety of complications. For example, if a surgeon accidentally leaves a surgical instrument or sponge inside a patient, it can cause infection, inflammation, and even organ damage.
In some cases, the foreign material may migrate to other parts of the body, causing further complications. Additionally, the presence of foreign materials can trigger an immune response, leading to pain, swelling, and discomfort for the patient.
Overall, leaving foreign materials in the body post-surgery is a serious mistake that can have long-lasting consequences for the patient’s health and well-being.
Contact Our Legal Warriors Today for a No-Cost Med Mal Case Consultation
A very small percentage of all Georgia attorneys are lawyers specializing in medical malpractice litigation. Multiple reasons exist for this, but the very large cost factor for carrying these costly cases forward is a major deterrent to most law firms.
The experienced Atlanta medical malpractice lawyers at McArthur Law Firm have a successful track record. Please contact a medical malpractice attorney near me at our Law Firm in Georgia.
To receive your FREE consultation the best way to start your quest for information is to call us at our national toll-free number, 1-855-927-7467, (or 1-855-WARRIOR) for that FREE, professional case review and evaluation. Our attorneys cover all of Georgia, so get started today to protect your claim for medical malpractice.
