Representation You Need
Medical Malpractice Attorneys
When a doctor makes mistakes, everyone suffers. Medical malpractice lawsuits are lengthy, difficult, complicated and harrowing. Make sure it isn’t a wasted effort on your part and get it all right the first time with these early-stage litigation tips, if you suspect medical malpractice.
At McDonald & Cody, our medical malpractice Trial Attorneys offer professional and compassionate representation in a wide range of medical malpractice cases. We will provide you and your family a way forward by:
- Working with the very best medical experts.
- Cover the legal costs of your case until it is resolved
- Help to ensure that you receive quality treatment in the future from well-respected health care providers.
4
things to do if you suspect
medical malpractice
If you ever suspect medical malpractice, it’s important to know exactly what to do to protect your rights. If you believe you are a victim, follow these five steps:
Whether it was a misdiagnosis, medication error, incorrect treatment, surgical error, or failure to treat, you must get a medical evaluation from another doctor right away. Find someone uninvolved with your initial care so they can provide you with an impartial assessment. Your new medical provider may be able to tell you the extent of your injuries and prevent your condition from worsening.
Keep a medical journal, and collect all pertinent info about your condition in a file folder. Don’t forget to document your treatments and any correspondence with the doctor’s office or hospital. This documentation will not only help you explain your case to an attorney, it will serve as evidence during the course of your case.
Keep a medical journal, and collect all pertinent info about your condition in a file folder. Don’t forget to document your treatments and any correspondence with the doctor’s office or hospital. This documentation will not only help you explain your case to an attorney, it will serve as evidence during the course of your case.
This is paramount to the success of your case for several reasons. It’s difficult for laypersons suffering from an injury or illness to navigate the civil court system, go head-to-head with insurers, and gather enough supportive evidence when they do not have an attorney. Our experienced Malpractice Trial Attorneys can advise you on whether or not to speak with hospital or clinic representatives, negotiate for a higher settlement, and help you stay within the legal time lines.
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If you have been the victim of medical malpractice in Georgia, our experienced team is ready to start working on your case today.
Why McDonald & Cody?
The philosophy at McDonald & Cody, LLC is to provide maximum results, one client at a time. We are dedicated to our cases and strive for quick, full and maximum compensation.
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Medical Malpractice FAQ's
Answers to the most frequently asked questions about Medical Malpratice cases.
How long do I have to file a medical malpractice claim?
The statute of limitations in Georgia gives you two years from the date of injury or death to file a lawsuit in court. In the case of a foreign object left inside you due to surgical error, you have one year from the date of discovery. There is also a five-year statute of repose from the date of the negligent act or omission. So, if the negligent act itself did not immediately injure you, you have two years from the date of actual injury, so long is it is not more than five years from the time of the negligent act. Additionally, different statutes of limitation and repose apply if the victim is a minor.
These timelines can be confusing, but it is vital to understand them, as missing a deadline to file can be disastrous to your case. Make sure you find a meticulous medical malpractice attorney to help you who is known for his diligence and attention to detail.
Can I sue for malpractice if I signed a consent form before the procedure?
Yes. You’ll sign a lot of forms when you are admitted to a hospital, including general admission and consent forms, Medicare and Georgia Medicaid forms. In these forms you consent in general to accepting treatment at the hospital, including testing, x-rays, blood draws and other necessary procedures. You may also sign a specific consent form before surgery. These forms acknowledge that you consent to the procedure and understand the risks and complications involved. They are not waivers of liability for negligence or medical malpractice. Doctors and nurses must still provide the level of care required by their profession, and they can be held liable if they don’t.
How do I know if a medical mistake occurred during my procedure?
Unless you are a trained physician or work in the medical field, this is a difficult question that you probably can’t answer for yourself. If the outcome of the procedure was worse than you expected or you were harmed in some other way, share your concern with an experienced medical malpractice attorney. Your attorney can get a hold of your medical records and have them reviewed by an appropriate medical expert. If the expert believes you may have been the victim of malpractice, they’ll let you know. Meanwhile, make sure you are getting appropriate medical treatment for your condition, even if it means finding another doctor or transferring to another facility. McDonald & Cody offer FREE consultations to help you figure out if you have a medical malpractice claim you should pursue.
Damages Through Georgia Medical Malpractice Claims
When you’ve suffered serious injuries as a result of doctor or hospital negligence, you could be entitled to the following damages through a Georgia medical malpractice claim.
- Economical losses – costs associated with your injuries and treatment of them. This would include expenses for doctor visits, hospital, rehabilitation and other medical care related to your medical malpractice injuries.
- Your earnings are also considered to be economical losses. This includes your missed time from work and earning potential should your injuries lead to permanent disability.
- Non-economical losses – types of damages that do not have a specific value attached to them. This could include pain and suffering, disfigurement, loss of enjoyment of life, mental anguish and other types of psychological injuries.
- If medical malpractice leads to loss of life then surviving family members could be entitled to damages that cover expenses for the burial and funeral, loss of income or benefits (such as insurance coverage or pensions), along with the emotional suffering of losing a loved one (loss of companionship or care).
- Punitive damages – apply to cases where misconduct or malice is clear. In other words, the intent to harm must be established.
Each Georgia medical malpractice claim will be unique with a variety of factors playing a role in the types of damages you’re entitled to. Call for a FREE consultation with a McDonald & Cody Trial Attorney who can ensure your case is treated fairly.
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