3 Key Steps in Filing a Medical Malpractice Claim

If you are the victim of medical malpractice, file a compensation claim for your damages. However, claims have time limits and specific requirements, so knowing where to start is crucial.

Patients can make claims for various acts of negligence on the doctor's part. Common examples include failure to diagnose, improper treatment, and failure to warn the patient of known side effects and risks.

Essentially, you will need to prove the existence of a doctor-patient relationship, negligence, and injury or damages resulting from the act of negligence. Discover three steps for filing a medical malpractice claim.

1. Review State Limitations

Georgia and all other states have unique deadlines and statutes of limitations. There is a deadline for filing a malpractice claim, so you should ensure you are still within the allowed window.

Statutes of limitations vary depending on the case's circumstances. In Georgia, you must file a malpractice claim within two years, although the maximum limit is five years. Other statutes include the discovery rule exception and deadline for minors and incapacitated individuals.

Review the statute of limitations in Georgia before filing for a medical malpractice claim. More importantly, discuss the specifics with an experienced personal injury or medical malpractice lawyer.

Do not worry if you have no idea how to find the statutes. Your lawyer will bring you up to speed about the current requirements and determine if you are eligible for a claim.

2. Find a Reputable Lawyer

You will need a medical malpractice lawyer to stand any chance of a successful claim. Suing a doctor or clinic often means going head-to-head with lawyers representing the opposing side, and they will come prepared. 

Without a lawyer, you stand little to no chance of getting the compensation you deserve. As such, you should involve an experienced attorney as soon as you determine your doctor's negligence is the cause for your injury and damages.

Working with a licensed medical malpractice attorney will go a long way in helping you argue your case if it goes to trial. Such cases are more complex and involve proving how a doctor's deviation from the medical standard of care worsened your condition.

Find an experienced lawyer with a successful track record and claims. You will also need sufficient medical records, expert medical witnesses, and other pieces of evidence when filing a medical malpractice claim. 

3. File an Affidavit of Merit

An affidavit of merit is also known as a certificate of merit or an expert affidavit. It is a pre-lawsuit filing requirement in Georgia and many other states. Essentially, you need to file one before or with your compensation claim. 

However, Georgia has a window for filling the expert affidavit after the initial claim depending on the case's circumstances. The affidavit is a statement from a qualified physician who reviews the medical records to provide a sworn opinion expressing the negligent acts of your doctor. 

An affidavit of merit is essential as it specifies the negligent acts and omissions and the factual basis for the claim. Your lawyer will help you in finding a qualified physician to provide the certificate of merit. They will also inform you about any other pre-lawsuit filing requirements.

Has your doctor's negligence caused your injuries? According to the laws of Georgia, you can file a medical malpractice lawsuit to claim compensation for your injuries and damages. However, you need to follow the right procedure. 

The Law Office of Paul R. Bennett has more than 30 years of experience helping clients receive fair compensation in Columbus, Georgia. Contact us today to start building your medical malpractice case. We look forward to working with you.