For over 44 years, medical malpractice lawyer Kathy McArthur’s law firm has helped clients obtain compensation for medical malpractice injuries. This track record covers many hundreds of cases, mostly across Georgia, but also in some other states.
In this informational article, our Firm’s 8 malpractice lawyers GA hope to answer some of your pressing questions. This is especially true due to the fact that the more time that passes, each day that you don’t have an expert LOOK INTO this case, the less likely your legal cause will remain viable in the future. See the 2024 Super Lawyers Cover Story on Kathy McArthur, selected from Georgia’s 33,100 plus attorneys (all legal practice areas!)
Because our Firm provides FREE consultations AND requires no money from our clients to start their legal case, the smartest thing to do is to call our GA medical malpractice lawyers and do it right away. When you have a top medical personal injury lawyer, why not dial our Georgia medical malpractice attorney at 478-238-6600 right now?
Medical Malpractice Lawyers in Georgia
Our medical malpractice lawyers in Georgia routinely obtain outstanding results for a malpractice case where failure to meet the appropriate “standard of care” exists. This article explains how to apply such “standards” to these medical negligence complaints with medical negligence lawyers.
In light of her many awards and statewide recognitions as one of the Peach State’s best medical malpractice lawyers, for any middle Georgia surgical errors, or primary care misdiagnoses, delayed diagnosis or pharmaceutical error cases should be handled by legal warriors who live “close to home.”
We specialize in medical malpractice at McArthur Law Firm (MLF) and have secured millions of dollars through settlements and court decisions for their clients. In some cases, our clients have needed us as their medicine malpractice lawyers due to a doctor’s error, or in a pharmacist’s negligence error.
“Medical malpractice is generally defined as medical care that falls below the accepted professional standard of care.” (Quote from Forbes Magazine)
Also, the use of “med mal” is merely a shorthand way of saying “medical malpractice.” The purpose of this article is to explain the role of your medical negligence attorney in high-stakes personal injury cases pertaining to deficient medical care.
Medical Malpractice Claims that Occur Fairly Regularly in the Peach State
Medical malpractice is the most prevalent form of professional negligence. Some recent medical oversight groups estimate that over 795,000 incidents occur annually in the USA. These claims typically involve a doctor (or other healthcare professional like an LPN, RN, or nurse anesthetist) who has acted carelessly during the diagnosis, treatment, sedation, or consultation with a patient.
The attorneys at MLF help clients with medical malpractice cases in Atlanta, Macon, Warner Robins, and all other cities in Georgia. Hundreds of medical malpractice cases are litigated or settled annually, including birth injury and wrongful death cases.
A Partial List of Mistakes in Treatment or from a Misdiagnosis Error
- Failure to diagnose cancer
- Delayed diagnosis or misdiagnosis
- Not ordering the right tests that would have precisely identified the critically important diagnostic information
- Surgical errors that may result in inaccurate or incomplete surgeries being performed
- Not recognizing and treating medical issues quickly, based on symptoms and lab reports
- Prescription medication errors, such as prescribing the wrong medication, or the right medication but in the wrong dosages
- Not checking and verifying negative lab results when other symptoms point to a problem
- Anesthesia errors that may include not enough anesthesia, leading to “anesthesia awareness”
- Not treating infections aggressively, and resulting in loss of a limb or loss of finger or toes
- Medical negligence on the part of nurses or the hospital at large
Our medical attorneys must be allowed to move forward (to file a medical malpractice civil action) on birth injury claims with one of our birth trauma lawyers ASAP. No medical attorney near me gets to change the time limits (set by Georgia law) for suing medical professionals.
MLF’s medical injury lawyers have extensive experience in pursuing and handling complex claims. But, missing your time frame for suing is not “negotiable” or “available,” once the applicable legal time to sue expires.
Various Time Limits for Filing Certain Medical Malpractice Lawsuits in Georgia
Two different Legal phrases will be explained here. One is “statute of limitations.” The other, which is used or applicable in far fewer instances, is the “statute of repose.”
In medical error cases, the general rule is that all medical malpractice lawsuits must be filed within two (2) years of the injury or death occurring. See OCGA 9-3-71(a). Although the standard medical malpractice lawsuit has a two-year limitation period, certain exceptions exist by which that time limit may be different.
By way of example, if a surgeon negligently left a surgical glove or temporary clamp inside her or his patient’s body, this is fairly damning proof of malfeasance. So, Georgia laws allow for a separate “time limit” of 1 year following discovery of the object or objects “left behind.” This special act, under the Georgia Code, can be found in O.C.G.A. Section 9-3-72.
“In contrast to a statute of limitation, a statute of repose serves as an absolute bar to a potential plaintiff’s right of action and effectively prevents a cause of action from ever accruing. More specifically, statutes of repose set clear deadlines for pursuing a legal action based on the passage of time or the occurrence of an event that does not itself cause harm or give rise to a potential lawsuit.”
Georgia laws also have a law of repose, stating that regardless of the patient or family’s awareness of the malpractice, barring instances of fraud, concealment, or misrepresentation, a healthcare provider cannot be sued for medical negligence or malpractice beyond five (5) years from the actual date of occurrence for that act of malpractice. This statute is found in OCGA Section 9-3-71(c).
The law of repose sets a time limit for filing a medical malpractice wrongful death lawsuit. This time limit is five years from when the malpractice occurred. It does not matter when the death happened. If more than five years have passed since the malpractice, the lawsuit cannot be filed by our Georgia personal injury attorneys.
One exception exists to this medical malpractice GA rule, for cases that were previously filed and then later re-submitted that same case complaint beyond the five-year “limit,” but only if it is re-filed as a modification of a previously submitted medical negligence case. Georgia medical malpractice lawyer Jessica Edmonds has been co-counsel in a recent trial with Kathy McArthur where the jury’s verdict in Houston County GA was almost $10,000,000.
Both the child and their parents can make separate claims for medical expenses and other costs related to the child’s injury until they turn 18, as well as compensation for any loss of the child’s assistance at home.
In cases of medical negligence that took place before a child turns five, the lawsuit must be initiated by the time the child reaches seven years old. Medical malpractice claims must be filed within two (2) years of the medical negligence incident after the child’s fifth birthday.
Look No Further for Your Medical Malpractice Attorney in Georgia
With a no-cost, free lawyer consultation, why delay calling? No money is needed from you since our attorneys (once they accept your case) advance all the costs of moving forward. Dial our number now, and (if needed) a medical malpractice attorney from McArthur Law Firm will come to your location.
- Medical Malpractice Law Firm in Macon, Georgia: 478-238-6600
- Medical Malpractice Law Firm in Atlanta, Georgia: 404-565-1621
More Medical Malpractice Resources
If you’d like to learn more about the different types of medical malpractice cases McArthur Law Firm handles, read our informative articles below. We explain all the different types of medical malpractice cases we handle.
