Medical malpractice injuries can be significant and life-altering. We would all like to believe that such mistakes are rare, but the data says otherwise. A recent study conducted by a surgeon at Johns Hopkins revealed that medical errors are the number three cause of death in the United States.
When a medical professional entrusted with your care has negligently caused you injury or a loved one has died due to medical malpractice, you are legally entitled to compensation. Unfortunately, Georgia law doesn’t make it easy to obtain that compensation. That’s why it’s in your best interests to work with experienced personal injury attorneys like Lloyd and Alex Hoffspiegel.
Obstacles to Medical Malpractice Recovery
A medical malpractice case can be difficult, time-consuming and costly. Our first step will always be to thoroughly assess your claim. We won’t move forward unless our research and experience tells us that we are likely to be able to provide the help you need. When we do move forward, it is with a solid foundation built on our investigation and analysis of your claim.
Cost Barriers to Medical Malpractice Claims
Bringing a medical malpractice claim is expensive, due in large part to the need for expert testimony and the amount of preparation required to build a winning malpractice case. We never want costs to prevent an injured person from pursuing a claim. When we represent a client in a medical malpractice case, our fees are 100% contingency. That means we don’t get paid unless we successfully settle your case or win at trial. And, we cover all of the costs of litigation, such as paying expert witnesses, until your case is successfully resolved.
Medical Malpractice Time Limits
Every civil claim is subject to a statute of limitations. The statute of limitations creates a deadline for filing a lawsuit. While most statutes of limitations are straightforward, medical malpractice time limits can be extremely difficult for a layperson to understand.
The general limitation gives the injured party two years from the date the injury arose to file suit, but then imposes a hard limit of five years from the date of the act or omission, even if the injury hasn’t yet been discovered. In addition, there are separate and even more complex rules when the injured party is a child or is legally incompetent due to a mental disability.
Contacting a medical malpractice attorney as soon as you become aware that there may have been a problem with your treatment will help ensure that you don’t miss important deadlines and lose your right to recover for your injuries.
Expert Affidavits in Medical Malpractice Cases
Filing a medical malpractice case requires submission of an expert affidavit setting forth the basis for a negligence claim. Obtaining such an affidavit directly can be difficult, both because physicians are often reluctant to go on the record against another member of the profession and because most people seeking to file malpractice claims do not have the technical legal and medical knowledge required to secure an effective affidavit.
At Hoffspiegel & Associates, we have the experience and the access to experts necessary to fulfill this requirement and keep your medical malpractice case moving forward.
Liability Caps in Georgia Medical Malpractice Cases
In many states, the insurance lobby has been successful in limiting the recovery of people catastrophically injured by a medical professional’s carelessness. A cap was imposed in Georgia, but through the hard work of Georgia trial lawyers, the limit was declared unconstitutional and victims of medical malpractice in Georgia are once again able to seek full compensation from a jury.
Talk to a Medical Malpractice Attorney as Soon as Possible
Lloyd and Alex Hoffspiegel are experienced medical malpractice attorneys that are prepared to help you secure the recovery you deserve by:
- Attending to complex procedural requirements and ensuring that deadlines are met
- Assembling medical records and other evidence
- Interviewing and preparing both expert and lay witnesses
- Securing the medical and economic experts you need to support your claim
- Proving both economic and non-economic damages
- Assessing the opposition’s case
- Negotiating with opposing counsel
- Where it’s in your best interests, fighting for you at trial
Many personal injury and medical malpractice law firms prefer to settle cases. Unfortunately for the plaintiffs who work with those firms, defense attorneys know who is and is not likely to take a case to trial and settlements can suffer if the pressure is off. We are ready and willing to try any case if we believe it’s in the client’s best interests, and our reputation preceeds us.
If you’ve been harmed or lost a loved one to medical malpractice, take the first step toward getting the help you need. Just call (404) 760-8600 or click the Contact Us button below.