Phillips Law – Frequently Asked Questions
How Much Will I Pay to Talk with You?
We charge nothing unless we win. This starts with your first call.
What is Medical Malpractice in Georgia?
Medical malpractice just means carelessness by a medical professional that injures a patient. The medical professional can be a doctor, a nurse, or another person with formal medical training and licensing. “Carelessness” here means the medical professional failed to do what a similar professional should have done under the circumstances. In Georgia, proof of this must come from the sworn testimony of a knowledgeable person in the same profession, known as an expert witness.
How Long Do I Have to Bring a Medical Malpractice Lawsuit in Georgia?
In most situations, Georgia law requires a medical malpractice lawsuit to be filed within two years after a patient’s injury or death. If a lawsuit is not filed within this time, it is permanently barred. However, it is not always clear when a person’s injury occurred. In addition, this time limit is longer for patients younger than five, and in other situations such as when a cancer diagnosis is delayed, or when malpractice is covered-up. If you suspect malpractice, you should consult an experienced medical malpractice lawyer as soon as possible.
If I Signed a Consent Form Can I Still Claim Medical Malpractice in Georgia?
Yes! Your consent form simply shows that you agreed to have a procedure after its risks were explained. Consenting to the procedure is NOT consenting to malpractice. Your signed consent form does not waive your rights, or permit a medical professional to commit malpractice and you.
Who Can I Sue for Medical Malpractice in Georgia?
Any medical professional with formal medical training and can be sued for medical malpractice. Medical professionals’ employers, hospitals, and other facilities providing medical services can also be sued. If a patient is injured by a careless act not involving special medical judgment, such as when a patient is dropped in a hospital, the hospital can be sued for its employee’s ordinary negligence.
Do I Need a Medical Malpractice Lawyer in Georgia?
Georgia law does not require you to have a lawyer. However, these cases involve tricky procedural requirements, and complex evidentiary issues. It can be especially difficult to locate the necessary expert witnesses, and to present their testimony in pleadings and at trial. The job of a lawyer is to handle your entire legal process, and an experienced medical malpractice lawyer will ensure that you have the best result.
How Much Will I Pay for a Medical Malpractice Lawsuit?
You pay nothing unless you win. We know our clients can be under heavy financial pressure, and that medical malpractice lawsuits are expensive. Because of this, we handle these cases on a contingency fee basis. In addition, we advance all case expenses interest free. In other words, unless we win at trial or reach a settlement, you will owe nothing.
How Much Will I Receive in a Georgia Medical Malpractice Lawsuit?
Under Georgia law, medical malpractice damages include medical expenses, lost wages, and pain and suffering, which is measured in “the enlightened conscience of fair and impartial jurors.” This includes interference with living, loss of capacity to earn, impairment of health and vigor, fear, shock, and actual pain. In wrongful death cases, damages are “the full value” of the patient’s life, meaning what the person’s life was worth to them. There is no book saying what pain and suffering is worth, or how a person valued their own life. These are broad measures, and the amount you can expect to receive depends greatly on the particular facts of your case. Talking with an experienced medical malpractice lawyer can give you a much better understanding of the potential value of your case.
How Long Does a Georgia Medical Malpractice Lawsuit Take?
Georgia medical malpractice cases frequently take a year and half to two years to reach trial, with appeals on a similar timeline. This often motivates both sides to negotiate to a lump sum final settlement.
Do I Have to Pay Back My Health Insurance Company?
Unfortunately, Medicare, Medicaid, and many other health insurers require you to reimburse their payments if you receive a medical malpractice verdict or settlement. We represent our clients in these situations as part of their medical malpractice cases.