Medical Malpractice Attorney
Injured by a Negligent Healthcare Professional?
Have you been injured at the hands of a negligent doctor, surgeon, or hospital?
If so, we urge you to contact a Marietta personal injury attorney from
Jones & Swanson. As proud members of the
Million Dollar Advocates Forum®, we have recovered over $50 million on behalf of our clients.
When you are up against a prominent physician or hospital, you need a competent
legal advocate fighting in your corner. You can look to our accomplishments
to solidify why we are the law firm to trust with your medical malpractice case.
What makes us different?
- AV Preeminent® Rated by Martindale-Hubbell®
- The National Trial Lawyers: Top 100 Trial Lawyers
- A+ Rating from the Better Business Bureau
Georgia's Super Lawyers®
- 10.0 Superb Avvo Rating
- 75 years of combined experience
Medical Malpractice Basics
When a doctor fails to competently perform his or her medical duties and
a patient is harmed as a result, it is called medical malpractice. To
show that you have a medical malpractice claim, you will need to prove:
- A patient/doctor relationship existed
- The doctor was negligent
- The doctor was directly responsible for your injury
- That the injury resulted in specific damages (losses)
If it can be proven that a doctor performed below the expected standards
of practice in his or her field, and that the patient suffered harm as
a result, the patient can sue for: physical pain, mental anguish, medical
bills, lost income and loss of earning capacity.
Common types of medical malpractice:
- Surgical Errors
- Birth Injuries
- Anesthesia Errors
- Object Left Behind (after surgery)
- Wrong Site Surgery
- Failure to Diagnose
- Wrong Diagnosis
Georgia's Statute of Limitations
Every state has a deadline for which someone can file a medical malpractice
lawsuit, this is called the "statute of limitations." In Georgia,
you must start a lawsuit within two years of the injury or death, or within
five years if you did not discover the injury until later after the fact.
There are exceptions to the deadline for fraudulent concealment of malpractice,
for malpractice occurring before the plaintiff was five years old, and
for mentally disabled plaintiffs.
Georgia previously had damage caps that limited a medical malpractice plaintiff's
total recovery of non-economic damages, but those caps were ruled unconstitutional
by the Georgia Supreme Court in 2010 and are no longer effective, however,
the punitive damage caps are limited to $250,000 in most cases.
Contact our firm today to schedule your free case evaluation!