What Is Personal Injury? And Why Do I Need An Attorney?
Have you ever wondered what separates a normal injury from “personal injury,” the term used by lawyers that often involves a settlement or lawsuit? Personal
The healthcare system is meant to help us heal, hope and lead better lives. But it doesn’t always turn out that way. In fact, sometimes an individual’s health takes a turn for the worse because of improper treatment and diagnosis, which is referred to as medical malpractice.
Medical malpractice is when a healthcare professional or provider acts negligently and provides substandard care that causes harm, injury, or death to a patient. Realizing that the person you trusted with your health or a loved one’s did not perform their duties correctly is a difficult and stressful reality to face—especially when it’s hard to prove.
But you don’t have to go at it alone. With the Litner + Deganian team behind you, you’ll stand a fighting chance against a legal system that unfortunately wasn’t created to benefit the patient.
First of all, if you are still suffering from injuries or symptoms that you suspect resulted from a misdiagnosis, surgical error, or other medical error, seek medical care immediately.
Try to gather as much evidence as possible related to the suspected malpractice, including medical records, doctor’s notes, medical bills and other relevant documents.
And call us right away.
Here’s why: One of the most important things to do when filing a medical malpractice suit is to file it within the statute of limitations, which is legal speak for the amount of time a patient has to file a lawsuit against the healthcare provider. If you file a claim outside of the statute of limitations, a court will throw out your case before a single word comes out of your mouth.
Each state has a different statute of limitations. In Georgia, you have to begin the lawsuit process within two years of the injury or death caused by the suspected malpractice. At the very latest, you have five years from when the malpractice occurred to file your claim. This means that if the injury doesn’t show up for five years following the malpractice, your medical malpractice case will be thrown out because it violates the statute of limitations.
As with almost every law, there are some exceptions. For example, if a foreign object had been left inside a patient’s body during surgery, the plaintiff is allowed to sue within one year of discovering the object. The two and five year limits do not apply in this situation.
Medical malpractice lawsuits are among the most complex types of medical neglect claims, so it’s important to contact an attorney as soon as you suspect that something harmful has happened to you or a loved one due to a healthcare provider’s mistake. There are several reasons for this:
We’re in it to win it for you. That process starts by investigating and collecting all evidence that may be relevant to a successful medical malpractice claim, such as medical records and bills, radiology films, communication records and audit trails that show which medical providers had access to which of your personal healthcare records. We also interview witnesses and take depositions from healthcare providers involved.
Medical malpractice claims in Georgia require an expert who can establish the appropriate and applicable “standard of care.” The standard of care basically explains what a reasonably prudent healthcare provider would do under similar circumstances. Expert witness testimony is required to explain how a healthcare provider breached the standard of care and demonstrate how that breach led to the patient getting injured. At Litner + Deganian, we work with highly qualified experts from various fields of medicine to review cases based on unique individual needs.
Lastly, we don’t believe in charging for the consultation and in getting paid for something that ultimately doesn’t benefit you—so we don’t get paid until you do.
We nerd out over every detail of your case. We keep things clear and realistic when it comes to your settlement. And, if you ask us, there are never enough of your questions to go around…so keep them coming. Most importantly: We’ll wait until you collect money before we do.
With an extensive track record of successful medical malpractice cases behind us, there isn’t a case we’re not fully equipped to handle. Here’s a quick glance at some of our latest:
With medical expenses hitting new highs, medical malpractice can be draining to both your wellbeing and your wallet. At Litner + Deganian, we’re known for successfully reaching even the most complex medical malpractice settlements. We’re prepared to do what’s best for you—even if that means turning down a settlement offer and taking the case straight to trial.
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