Dalton Medical Malpractice Lawyer

Whether it is for yourself, your child, or another family member, you expect the highest standard of care to be provided when you seek professional medical care. When a high standard of care is not provided, sometimes it can mean serious physical injuries and severe financial consequences for both the patient themselves as well as his or her family.

If your healthcare provider was negligent when providing services to you, it could serve as grounds for a medical malpractice case against the provider and his or her employer. If you believe that you or someone you love suffered injury due to a careless doctor, a Dalton medical malpractice lawyer may be able to help. Call one of our seasoned personal injury attorneys today to get started on your claim.

Proving Negligence in Dalton Medical Malpractice Cases

In order to win a medical malpractice case, a plaintiff —through his or her Dalton medical malpractice attorney—must prove negligence on the part of medical care providers and potentially other parties like a hospital or medical clinic. Specifically, he or she must show that:

  • The medical professional had a duty to the patient to act in a way that a reasonable person of the same training and experience would have acted in the same situation
  • The medical professional failed to act in such a manner
  • Their failure caused injuries to the plaintiff
  • The plaintiff’s injuries are serious

In addition, Official Code of Georgia §9-11-9.1 establishes that prospective plaintiffs looking to file a malpractice claim must submit an affidavit from a medical expert along with his or her complaint. This affidavit serves as confirmation from a reputable professional that the plaintiff’s claim is based on merit and his or her healthcare provider was, in fact, negligent. A skilled and experienced lawyer could assist an injured victim with proving negligence in a medical malpractice case.

Time Limits to File a Medical Malpractice Case in Dalton

Potential plaintiffs who want to file a medical malpractice case should be aware of the statute of limitations, or the deadline to file his or her lawsuit. According to O.C.G.A. § 9-3-71, such a lawsuit must be filed within two years of the date of the injurious action.

However, if the injury or harm is not discovered until a later date, this two-year period starts at the date of discovery. However, the lawsuit must still be filed no later than five years after the negligent or wrongful act.

The only exception to these laws is if a foreign object is left inside of a patient during surgery. When this occurs, the victim has one year from the date of discovery to file his or her lawsuit, as per O.C.G.A. § 9-3-72.

Victims who hire a skilled Dalton medical malpractice lawyer as soon as possible after the discovery of their injury may increase the chances that his or her lawsuit will be filed on time. If the lawsuit is not filed on time, the defendant can typically file a motion to have it dismissed based on the statute of limitations.

Let a Dalton Medical Malpractice Attorney Help

The negligence of a medical professional has the potential to change your life forever. However, you can take action now about what has happened, starting by contacting our legal team to start exploring your rights and options.

A well-versed Dalton medical malpractice lawyer from our firm could evaluate your case and determine the ideal strategy moving forward. We could send a demand letter to the parties at fault and, if this does not produce a fair settlement for you, continue to pursue your case in court and work to get you the compensation you deserve for your injuries. Call our office today to learn more.