What do I need to know about filing a medical malpractice lawsuit?
If you have suffered an injury as the result of medical negligence in Georgia, you may have the right to file a medical malpractice lawsuit. Before filing a medical malpractice lawsuit, it is important to be aware of the laws and requirements in the state. Each state has their own regulations regarding filing a medical malpractice lawsuit. In Georgia, plaintiffs must file a Notice of Intent to sue at least 90 days before filing a medical malpractice lawsuit. The Plaintiff must also obtain a Certificate of Merit, which is a statement from a qualified medical expert verifying that there is a reasonable chance that the healthcare provider’s negligence caused the injury. The medical malpractice lawsuit must also be brought by a licensed attorney in Georgia. Furthermore, the lawsuit must be brought within two years of the injury. In cases of wrongful death, the survivor must file a claim within two years of the death. In Georgia, there are caps on damages available in a medical malpractice lawsuit. Punitive damages are not allowed in the state. The damages available can include pain and suffering, lost wages, medical expenses, and other damages. Finally, it is important to keep in mind that in cases of medical malpractice, it is usually the healthcare provider who must prove that his or her actions did not cause harm. It is important to act quickly when filing a medical malpractice lawsuit to ensure that all of the necessary evidence is collected and that the lawsuit is filed within the statute of limitations.
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