Savannah, GA Medical Malpractice Lawyer

Savannah, GA Medical Malpractice Attorney

Thousands of people in Southeast Georgia trust their doctors, nurses, and other medical advisors to provide safe and effective treatment for their injuries and illnesses. While most medical professionals uphold their duties in good faith, some unfortunately do not, causing serious harm to patients. A Savannah, GA, medical malpractice lawyer is an essential resource if you have experienced this and intend to pursue legal recourse.

Legal Counsel for Medical Malpractice Claims in Savannah

The attorneys at Spohrer Dodd have an extensive record of successful medical malpractice cases, and we can apply this professional experience to your impending case. These claims are especially challenging compared to most other personal injury cases, not only because they often involve severe harm and extensive damages but also because they impose strict procedural requirements on claimants.

If you believe that a medical professional’s negligence resulted in any adverse outcome, you have the right to pursue accountability and compensation for any associated damages. The medical professional responsible for harming you will not only face liability for these damages, but they could also face professional consequences as well. An experienced medical malpractice lawyer in Savannah, GA is your most valuable asset for ensuring success with your case.

Common Types of Medical Malpractice in South Georgia

It’s important for everyone to remember that medicine is an inherently uncertain field in many ways. A large number of medical conditions mimic the appearance of others, and no two patients are exactly alike. Two people may present with similar symptoms yet have vastly different problems, and it is also possible for patients to test positive for the same condition yet present with very different symptoms.

There is a major difference between an honest mistake made in good faith in a complex medical situation and an injury from negligence. Medical malpractice in Georgia occurs when a medical professional’s negligence results in harm to their patient, typically due to a failure to meet the patient’s standard of care. Medical malpractice happens in various ways, and some of the most common types include:

• Misdiagnosis. Doctors responsible for diagnosing their patients’ conditions are required to use an appropriate differential diagnosis procedure. Incorrect diagnosis, delayed diagnosis, or failure to diagnose can all have severe adverse effects on a patient, potentially leading to more serious medical complications while also leaving their condition ineffectively addressed.
• Surgical errors. Any surgical procedure involves some degree of risk, but when a surgeon negligently injures a patient, they can inflict tremendous harm. Surgical error cases may pertain to injuries from negligence during a procedure, leaving surgical instruments inside of a patient’s body, or failure to correctly close a surgical wound.
• Medication errors. It’s possible for a medical malpractice case to arise from an incorrect prescription, prescribing of the wrong dosage, or failure to account for a patient’s medical history when prescribing or administering medication. Doctors may face malpractice claims for negligence in prescribing, while pharmacists could face liability for malpractice if they fill prescriptions incorrectly.
• Birth injuries. Some of the most tragic medical malpractice cases pertain to injuries during childbirth procedures. Birth injuries to newborns can lead to lifelong disabilities such as cerebral palsy and a host of other conditions that cause various developmental delays. Some birth injury claims also pertain to injuries to the mother during childbirth.
• Emergency room errors. The emergency room is typically the most chaotic area of any hospital, and all emergency room staff are required to meet high standards of care for every patient who visits their department. Emergency room error claims may arise if a patient is not seen quickly enough or if they are not given appropriate care in a timely manner.

These are only a few examples of the types of malpractice commonly seen throughout the southern part of the state. It is possible for a plaintiff to name a doctor, a nurse, a surgeon, an anesthesiologist, or a combination of medical professionals as defendants in their claim. In some medical malpractice cases, employers such as hospitals and healthcare organizations face liability for the actions of their employees.

If you are unsure whether your case qualifies for a medical malpractice suit, it is crucial that you speak with an experienced attorney as soon as possible. A Savannah, GA, medical malpractice lawyer can review the details of your claim and help determine the optimal path to recovering your losses.

Building Your Medical Malpractice Suit

For medical malpractice to have occurred, there must have been a formal doctor-patient relationship between the plaintiff and the defendant. This means the plaintiff agreed to the defendant’s treatment, and the defendant agreed to treat the plaintiff. The plaintiff will also need to prove that the defendant’s actions constitute negligence and that their negligence directly caused the damages cited in the claim.

When you believe you have grounds for a medical malpractice claim, you cannot proceed directly with filing the claim against the defendant as you could with most other personal injury cases. First, you must secure an affidavit from a medical professional who holds certifications and medical experience similar to or greater than that of the defendant. This individual will provide a statement that explains how the defendant committed medical malpractice.

In the affidavit of expertise provided by your expert witness, they will explain how the defendant breached the standard of care that applied to the patient’s situation. The affidavit should clearly explain how the defendant was negligent and the accepted standard of care that applies to the medical situation. They must also explain how the plaintiff’s claimed damages directly resulted from the defendant’s malpractice and not any other cause.

You must send this affidavit to the defendant in advance of the actual filing of your case with a Notice of Intent to File Suit. The notice should also include a complete list of the damages you are seeking with the claim. Once the defendant receives your notice of intent to file a suit, it will typically lead to settlement negotiations.

Claiming Compensation for Medical Malpractice in Southeast Georgia

Like any other personal injury claim, the object of a medical malpractice case is for the plaintiff to secure compensation for the damages they suffered because of the defendant’s actions. It’s possible for the plaintiff to recover compensation for economic and non-economic damages resulting from the medical malpractice they experienced:

• Your injury is likely to require corrective medical care. The defendant is liable for any extra medical expenses you incur due to the injury they caused. This includes the future medical treatment costs you face if the injury causes any type of long-term or permanent medical complications that will require ongoing care.
• If you cannot work due to the injury you suffered, the defendant is liable for the income you are unable to earn during this period. You can seek compensation for any lost wages resulting from the defendant’s actions, and this includes future income you are no longer able to earn if their actions left you disabled. Your attorney can help calculate these projected future losses and add them to your claim.
• You have the right to claim pain and suffering compensation with your claim. As of 2010, there is no longer an officially enforced cap on non-economic damages in medical malpractice cases. Your Savannah, GA, medical malpractice lawyer can help determine a suitable amount that reflects the breadth and severity of the harm you suffered from the defendant’s actions.

You may be surprised to discover that you can claim much more compensation than you initially anticipated if you have the right attorney working on your case. When you choose Spohrer Dodd to act as your legal counsel, we will do everything we can to maximize your recovery to the fullest extent possible.

Resolving Your Medical Malpractice Claim in Savannah

The majority of medical malpractice cases filed do not go to trial. It behooves a defendant to seek a swift settlement when they are clearly liable, and healthcare organizations and hospitals charged with malpractice typically aim to keep these cases as quiet as they can. During settlement negotiations, the parties meet privately to discuss mutually acceptable terms for resolving their case.

Your Savannah, GA, medical malpractice lawyer can guide you through settlement negotiations, ensuring you receive an acceptable offer from the defendant. If settlement is not a viable option for resolving your case, you will need to litigate in court. Spohrer Dodd will do everything we can to settle your case outside of court, if possible, but we are fully prepared to represent you in the courtroom if necessary.

Settlement can take several weeks to complete as long as both parties are willing to compromise. By comparison, litigation could take several months to over a year for some cases, during which time the plaintiff’s economic damages will continue to compound into a very difficult financial situation for them and their family.

Hiring legal counsel whom you can trust is the most effective method of approaching any personal injury claim in the southeastern part of the state, especially one as inherently complex as a medical malpractice suit. When you choose Spohrer Dodd to represent you, you will have a responsive legal advocate ready to provide guidance and support through every stage of your case until you recover the compensation you rightfully deserve.

FAQs

Q: How Do I Sue for Medical Malpractice?

A: If you believe that you or a loved one has been harmed by medical malpractice of any kind, there are specific procedural rules you must follow to file a medical malpractice suit. One of the most important requirements is to obtain an affidavit of merit from an appropriately qualified medical professional who can provide a clear explanation of the malpractice you experienced and submit this with advance notice of your intent to file a claim to the defendant.

Q: What Is the Statute of Limitations for Medical Malpractice Claims?

A: The statute of limitations is the time limit you have for filing a civil suit. In Georgia, the statute of limitations for medical malpractice cases is two years. This statute begins on the date an injury occurred or on the date that symptoms of the injury first became noticeable. Additionally, there is an overarching five-year statute of repose starting on the date of an injury, after which no claim may be filed.

Q: How Much Compensation Can I Claim for Medical Malpractice?

A: The plaintiff in a medical malpractice suit has the right to claim full compensation for any economic losses associated with their injury. These typically include additional medical expenses, lost income, and lost earning power. Plaintiffs may also claim compensation for their pain and suffering, and the state no longer enforces a limit on non-economic damages in medical malpractice claims. Only punitive damages are capped at $250,000 in most cases.

Q: Why Should I Hire a Savannah, GA, Medical Malpractice Lawyer?

A: The average person is unlikely to succeed with their medical malpractice case without legal counsel. The right attorney can help them meet the procedural demands of their case, maximize their total compensation, and ensure accountability for the harm done to them in an efficient manner. It is always worth investing in legal counsel you can trust when you are faced with any type of complex personal injury case.

Q: What Will It Cost to Hire a Savannah Medical Malpractice Lawyer?

A: The majority of attorneys representing medical malpractice cases accept clients on a contingency fee basis. The average person cannot afford expensive upfront legal fees, and a contingency fee policy makes legal counsel more accessible. With this policy, the client pays their attorney only after they win their case, and their fee is a percentage of the total compensation recovered for the client. There is no fee if they do not win their case.

The attorneys at Spohrer Dodd have successfully represented many medical malpractice cases throughout South Georgia, and we know how daunting the prospect of filing this type of case can be. If you believe you have grounds to pursue a medical malpractice suit, we can help. Contact us today to schedule a free consultation with a Savannah, GA, medical malpractice lawyer and learn how we can assist with your recovery efforts.