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Hinesville, GA Military Medical Malpractice Lawyer
Hinesville, GA Military Medical Malpractice Attorney
When a military healthcare provider’s negligence leads to harm, it can be a confusing and stressful situation for the patient and their family. Whether you or a loved one experienced medical malpractice at Winn Army Community Hospital at Fort Stewart, GA, near Hinesville, GA, a dedicated Hinesville, GA military medical malpractice lawyer at Spohrer Dodd Trial Attorneys can help you understand your rights and navigate the legal process to seek justice.
Why Choose Us?
At Spohrer Dodd Trial Attorneys, we are committed to helping military families, veterans, and retirees seek justice after experiencing medical negligence. Our extensive experience with military medical malpractice cases makes us suited to handle the complexities involved in these claims. We understand the impact that medical malpractice can have on your life, so we are dedicated to fighting for the greatest possible outcome for you.
With our compassionate and knowledgeable team by your side, you can feel confident that your case is being managed by capable professionals. We have a proven record of success in holding military healthcare providers accountable and securing the compensation that our clients deserve.
What Is Medical Malpractice?
When a healthcare provider fails to treat a patient in accordance with the generally accepted standard of care, it constitutes medical malpractice. This might result in the patient suffering an injury. This standard of care refers to the measures that a fairly competent healthcare provider would take in the same situation. Examples of common errors include:
- Misdiagnosis or delayed diagnosis. Failing to correctly identify or timely diagnose a condition can potentially worsen the patient’s outcome.
- Surgical errors. Mistakes during surgery, such as leaving surgical equipment inside the patient’s body, may not be discovered immediately, but the law makes allowances for delayed discovery.
- Medication errors. Prescribing or administering the incorrect drug or dosage can lead to serious health complications.
- Anesthesia errors. Improper administration of anesthesia can result in potential injury or harm, such as brain damage or death.
- Failure to treat. Not providing sufficient or timely medical treatment for a diagnosed condition may lead to further harm.
- Birth injuries. Any harm caused to the baby or mother due to improper prenatal care, labor, or delivery practices is a serious malpractice case.
- Infections. Contracting infections in a hospital or medical facility may occur due to unsanitary conditions or negligent care.
- Premature discharge from hospital. Releasing a patient from the hospital too early can lead to complications or the need for further medical treatment.
It is possible for a patient to suffer serious injury and long-lasting impacts on their health as a result of medical negligence.
Military Medical Malpractice Laws
Military medical malpractice cases are governed by federal laws, primarily the Federal Tort Claims Act (FTCA). The FTCA allows patients to file a claim against the U.S. government for injuries caused by negligence at a military healthcare facility. Before filing a civil claim, an administrative claim must be filed with the appropriate federal agency. The government then has six months to investigate and respond.
However, active-duty service members are typically forbidden from filing medical malpractice claims due to the Feres Doctrine, which prevents claims related to injuries arising during one’s military service. Spouses, children, veterans, and retirees, however, may pursue compensation for harm caused by medical negligence at military hospitals, such as Winn Army Community Hospital.
Why You Need a Lawyer
By assessing your case, compiling pertinent information, and navigating the convoluted legal procedures, a medical malpractice attorney can be incredibly helpful. They work with medical professionals to create a compelling case that proves how the standard of care was violated. Experienced attorneys also know the particular regulations controlling medical malpractice claims, including rigorous filing deadlines.
An attorney can represent you in court or negotiate with the appropriate parties to secure the compensation you are due for medical bills, missed income, pain and suffering, and other losses. Having a lawyer on your side raises your likelihood of obtaining the greatest possible result.
Damages That a Person Can Recover
If you or a loved one has suffered from medical negligence at a military hospital, you may be entitled to compensation for your losses. Recoverable damages can include:
- Medical expenses, including surgeries, hospital stays, rehabilitation, and other treatments related to the malpractice
- Lost wages, such as from income lost due to the inability to work or diminished earning capacity
- Pain and suffering for the physical and emotional distress caused by the medical negligence.
- Loss of support and companionship if the malpractice severely injures or leads to the death of a family member
The amount of compensation depends on the severity of the injuries and their impact on your life.
FAQs About Hinesville, GA Military Medical Malpractice Laws
Can You Sue a Military Doctor for Malpractice?
Depending on your position, you can file a claim against a military doctor for malpractice. The Feres Doctrine, which forbids claims on injuries suffered during military service, bans active-duty service members from filing a claim. Under the Federal Tort Claims Act (FTCA), however, military dependents, veterans, and retirees can bring medical malpractice claims for negligence at military healthcare facilities.
How Much Can You Sue for Medical Malpractice in Georgia?
Georgia does not impose a limit on economic damages, which means that you are able to recover the full amount for lost wages and medical expenditures. However, the state places a limit on the amount of compensation that can be awarded for non-economic losses, such as pain and suffering, and caps the total amount that can be awarded across numerous providers.
How Do I Prove Medical Malpractice in Georgia?
To prove medical malpractice in Georgia, you must show that the healthcare provider failed to meet the accepted standard of care, thus directly causing your injury. This typically involves expert testimony from medical professionals, who can confirm the negligence and link it to your harm. You also need to prove that the malpractice led to specific damages, such as medical expenses, lost wages, or pain and suffering.
How Long Do You Have to File a Medical Malpractice Claim in Georgia?
In Georgia, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury occurred. There is also a statute of repose, which prevents claims from being filed more than five years after the negligent act, even if the injury was discovered later. Exceptions may apply, so timely consultation with a lawyer is crucial.
Contact Spohrer Dodd Trial Attorneys Today
If you or someone you know has suffered an injury due to military medical negligence, we can help. Contact us today to learn more.
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