Medical malpractice remains a concern of every individual, as medical professionals are human and do make mistakes. When this mistake is due to negligence on the part of the professional, the individual harmed through their actions deserves compensation. Malpractice lawyers in Carrollton are available to assist individuals in this situation. What should a person know, however, before proceeding with a case of this type?
A victim of medical malpractice has two years from the date of the injury or death to start a malpractice lawsuit, or five years, at the latest, if the injury or death was discovered later. What this means is that an injury that shows up more than five years after the person received the treatment cannot be part of a malpractice lawsuit. However, if the provider fraudulently conceals the malpractice, this time frame does not apply. In addition, when a foreign object is left in a patient, the patient can sue for a one-year period after the discovery of this object. These are only two exceptions that state allows for, and there are others, especially ones pertaining to young children and the disabled.
Individuals filing a medical malpractice suit must file an expert affidavit at the time of the lawsuit filing. This affidavit must explain the negligent act or acts committed by the medical professional charged in the suit and provide a factual basis for the claim. A 45-day extension may be requested for this affidavit, but can only be used in rare situations.
Many states have put laws into place concerning how much as victim may be awarded in a medical malpractice suit. This is not the case in Georgia. A person may receive an unlimited amount for medical malpractice damages. The only exception to this is punitive damages, which are currently capped at $250,000.
Individuals researching malpractice lawyers in Carrollton should look into Diane M. Sternlieb (Dsternlieblaw.com). Ms. Sternlieb is not only an attorney, she is a registered nurse. This allows her to have a better understanding of what a medical malpractice suit involves and what is needed to prove a client’s case. Contact her today to discuss a case and determine how best to proceed, as every victim deserves compensation for their injuries.
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