Do You Think You Have a Medical Malpractice Claim?
Do you think you have a medical malpractice claim? If so, there is an important first step you need to take – contacting a personal injury attorney in Macon, GA. Medical malpractice lawsuits all have one feature in common, and that feature is complexity. Most lawsuits take many months and sometimes years to settle because there is nothing simple about medical care and the human body.
Medical malpractice refers to negligence specifically committed by a health care professional or organization. You can sue any type of provider including a hospital, nursing home, physician, hospital aide, nurse, lab technician, surgeon, dentist, pharmacist, outpatient care center or any other type of medical facility. The malpractice refers to negligent performance of medical duties as compared to how a different person with the same type of experience and training would have acted.
Going By the Standards
It’s not difficult to see the difficulty faced in proving medical malpractice. How do you determine how someone you don’t even know would have acted in the same situation? The answer lies in the standards set by the medical profession itself. The doctors and the hospitals determine what are considered to be professional standards and it is these standards they learn in medical schools and during internships.
The personal injury attorney Macon, GA residents choose to represent them in court is responsible for working with clients to gather all of the evidence needed to prove the malpractice claim. This evidence includes:
* Medical records
* Witness statements
* Medical research proving standards
* Medical expert testimony
* Prior relevant case law
* Consent forms you signed
Even if consent forms were signed giving permission for certain procedures to be performed, they may be irrelevant if you can prove that you were misinformed about the facts of your case. In other words, if you agreed to a certain procedure based on faulty information then the consent forms may be considered invalid.
Even if the consent form is determined to be valid, you may still make a malpractice claim if the physician or hospital was negligent. You can’t give anyone permission to act negligently!
Time is of the Essence
You have to prove all of this though, and that’s why you need a personal injury attorney in Macon, GA. In Georgia, you are allowed to bring legal action up to two years after the date you were injured. In the case of death, it would be the family that would make the claim.
The key to a malpractice claim is that you have to show that you or the person that died was injured as a result of medical negligence. You can’t sue because you don’t like the results of a surgery or medical treatment as long as they meet professional standards. It’s the deviation from standards on which the entire case rests.
If you believe that you have a medical malpractice case then you should contact a personal injury attorney in Macon, GA as soon as possible. With the preponderance of evidence that must be collected, you want to allow as much time as possible.
James E. Lee II, P.C. offers legal advice in multiple fields including personal injury, wrongful death and more to the Macon, GA area. Call 478-749-6901 today. For more details on Personal injury attorney Macon, GA and Workers’ compensation Macon, GA please visit our website www.jaylee-law.com
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