904-309-6500Call Us today for Help
Georgia, VA Medical Malpractice Lawyer
Georgia, VA Medical Malpractice Attorney
Medical malpractice cases are inherently complex, and filing such a claim in Georgia is no exception. This complexity is often magnified when the defendant is part of the Veterans Administration (VA) healthcare system, which is governed by federal laws and regulations in addition to state statutes. When seeking compensation in these specific circumstances, speaking with a Georgia VA medical malpractice lawyer can be crucial.
Why Choose Us?
Spohrer Dodd Trial Attorneys understand both the legal nuances of state malpractice laws and the federal rules that apply specifically to VA cases. With a strong record of fighting for the rights of injured veterans, we are committed to securing fair compensation for your suffering. We provide compassionate, client-centered representation while pursuing justice on your behalf. When you work with us, you’re not just another case. You’re a valued individual whose story matters.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s failure to adhere to the medical standard of care results in injury or harm to a patient. Within the VA system, the level of care must meet the same thresholds as private healthcare providers. When it doesn’t, the VA can be held liable for damages.
Pursuing legal action against the VA requires navigating unique procedural issues. These cases often involve detailed legal and medical analysis, extensive documentation, and strict deadlines. For veterans and their families, this can be overwhelming, so a skilled VA medical malpractice attorney becomes indispensable.
Georgia’s Medical Malpractice Statute of Limitations
In Georgia, any individual considering a medical malpractice claim must first be aware of the statute of limitations. This law dictates the strict timeframe within which a case must be initiated. According to the statute of limitations, a plaintiff must file a medical malpractice claim within two years of the injury or death that resulted from a healthcare provider’s negligence.
In no circumstances may a claim be filed more than five years after the incident that caused the injury or death—this is known as the “statute of repose.” This five-year deadline becomes critical in cases where the consequences of malpractice are not immediately apparent.
For example, if a healthcare provider makes an error during surgery, and it takes years for the resulting harm to manifest, the statute of repose limits the plaintiff’s right to pursue compensation once five years have passed, even if the harm only recently became known.
However, there are exceptions to the statute of limitations. One notable instance involves cases where a “foreign object” has been left inside a patient’s body. If a surgical instrument, sponge, or other foreign object is discovered after surgery, the patient has one year from the date of this discovery to file a claim, regardless of when the surgery occurred. This ensures that patients are still able to pursue justice, even if a mistake is uncovered long after the fact.
Georgia’s Medical Malpractice Damages
Georgia has a cap on noneconomic damages in medical malpractice cases. Noneconomic damages are awarded for intangible losses such as pain and suffering, mental anguish, loss of enjoyment of life, and similar hardships.
Regardless of the current state of the noneconomic damages cap, it’s important to note that there is no limit on economic damages. This means that plaintiffs can recover full compensation for medical expenses (both past and future), lost wages, loss of future earning capacity, and other financial losses directly caused by the instance of medical negligence. Understanding what types of damages are recoverable, and in what amounts, is a critical aspect of medical malpractice litigation.
Navigating VA Medical Malpractice
When dealing with VA medical malpractice claims, it’s important to understand that these cases fall under the Federal Tort Claims Act (FTCA), which adds another layer of complexity. The FTCA sets out specific requirements for filing claims against the federal government, including a strict two-year statute of limitations. Before you can file a claim against the VA, you must first file an administrative claim with the VA and wait for a response, either in the form of a settlement offer or a denial.
Because of the FTCA’s unique rules and procedures, it is important to work with a lawyer who is well-versed not only in Georgia medical malpractice laws but also in federal tort law.
FAQs About Georgia, VA Medical Malpractice Laws
What Is the Average Payout for Medical Malpractice in Georgia?
The average payout for medical malpractice in Georgia varies, so settlements can vary due to a number of factors. Elements such as the severity of the injury, the strength of the case, and the extent of economic and noneconomic damages have a huge role in the payout amount. High-profile cases or those involving permanent disability may lead to much higher payouts.
How Do I Sue for Medical Malpractice in Georgia?
In Georgia, claims for medical malpractice must be filed within the two-year statute of limitations. A certified medical professional’s affidavit, attesting to the healthcare provider’s carelessness, must be included. In addition to gathering evidence and filing the claim, your attorney can represent you in negotiations for settlement and, if necessary, at trial.
What Is the Medical Malpractice Limit in Georgia?
Georgia does not currently have a specific limit on the amount of compensation that a plaintiff can recover for medical malpractice cases. While there was once a cap on noneconomic damages—such as pain and suffering—this has since been removed. As a result, there are no definitive restrictions on the amount of damages that can be awarded, allowing plaintiffs to seek full compensation for their losses.
Can I Sue the VA for Emotional Distress?
Under the Federal Tort Claims Act, you have the right to file a claim against the VA for emotional distress (FTCA). However, before you can bring legal action, you have to submit an administrative claim to the VA and wait for an answer. Claims for emotional distress may be filed in addition to other losses, like medical costs and missed wages, as a result of negligence.
Contact Spohrer Dodd Trial Attorneys Today
If you or someone you know has suffered an injury due to the VA’s medical negligence, an attorney at Spohrer Dodd Trial Attorneys can help. Contact us today.
© Copyright 2024 Spohrer Dodd Trial Attorneys. All rights reserved.
Digital Marketing By 