Best Medical Malpractice Lawyers in Marietta

About Medical Malpractice Law in Marietta, United States

Medical malpractice occurs when a health care provider, such as a doctor or hospital, fails to provide treatment that meets the accepted standards of care in the medical community and causes injury or harm to a patient. In Marietta, as well as throughout Georgia, medical malpractice law provides a path for patients to seek compensation if they have been harmed due to negligence or error by a medical professional. Cases can involve surgical mistakes, misdiagnosis, delayed diagnosis, birth injuries, medication errors, or failure to obtain informed consent, among others.

Why You May Need a Lawyer

Navigating a medical malpractice case requires specialized knowledge of both legal and medical concepts. Common situations where you may need legal help include:

• Experiencing unexpected outcomes after a surgical procedure that appear related to a mistake or oversight.
• Receiving a diagnosis that was found to be incorrect after harm has occurred as a result of delayed or improper treatment.
• Being prescribed the wrong medication or dosage leading to injury or adverse effects.
• A newborn suffering injuries during labor or delivery due to medical negligence.
• Not being informed of important risks prior to undergoing a medical procedure.

Medical malpractice cases are complex and subject to strict legal requirements. A lawyer can help you evaluate your claim, gather necessary medical evidence, and represent you in negotiations or court.

Local Laws Overview

In Marietta, medical malpractice lawsuits are governed by Georgia state law. Here are key aspects to keep in mind:

• Statute of Limitations: Georgia law generally requires that medical malpractice claims be filed within two years from the date the injury was discovered or reasonably should have been discovered. There is also a five-year statute of repose, which limits the maximum time to bring an action, regardless of discovery.
• Expert Affidavit: When you file a case, you must submit an affidavit from a qualified medical expert supporting your claim that a breach in the standard of care occurred.
• Damage Caps: While Georgia previously had caps on non-economic damages, these were ruled unconstitutional. There are currently no caps on these damages in medical malpractice cases.
• Comparative Fault: Georgia follows a modified comparative negligence rule. If the patient is found partially responsible, their compensation may be reduced by their own share of fault. If the patient is 50 percent or more at fault, they cannot recover damages.
• Pre-suit Requirements: There are specific pre-suit legal steps, such as serving notice and providing an expert affidavit, that must be strictly followed for a claim to proceed.

Frequently Asked Questions

What is considered medical malpractice in Marietta?

Medical malpractice is when a health care professional deviates from the accepted standard of care and causes harm or injury to a patient. Not every bad outcome is malpractice. It must be proven that a competent provider would have acted differently under similar circumstances.

How do I know if I have a case?

A qualified attorney can review the facts and medical records to determine if there is a provable claim. Generally, you must show there was a provider-patient relationship, a breach of duty occurred, you suffered an injury, and the breach caused the injury.

How long do I have to file a lawsuit?

In Georgia, the statute of limitations for medical malpractice is usually two years from when the injury is discovered, with a five-year maximum window (statute of repose) from the date of the alleged act of malpractice.

What is an expert affidavit and why is it required?

An expert affidavit is a written statement from a medical expert who reviews your case and confirms that the care you received failed to meet professional standards. This affidavit must be filed with your lawsuit.

What compensation can I receive from a medical malpractice case?

Compensation may include payment for medical expenses, lost wages, pain and suffering, future care needs, and in some cases, punitive damages if the misconduct was especially wrongful.

Will my case go to trial or settle out of court?

Most medical malpractice claims are settled before trial, but complex disputes about facts or liability may require court proceedings. An experienced attorney will negotiate aggressively and prepare for trial if necessary.

Can I still recover compensation if I was partially at fault?

Yes, under Georgia’s comparative fault law, you can recover damages if you are less than 50 percent at fault, but your compensation will be reduced by your percentage of responsibility.

Are there any limits on the amount I can recover?

Georgia does not have a cap on non-economic damages for medical malpractice. Compensation is based on your actual losses and the jury’s determination of fair damages.

Do I need to pay upfront for a medical malpractice attorney?

Most attorneys handle medical malpractice cases on a contingency fee basis, meaning you pay no upfront costs. The attorney only gets paid if you recover compensation.

How can I find the right attorney for my case?

Look for attorneys experienced in handling medical malpractice claims in Georgia, and specifically in Cobb County. Many offer free initial consultations to discuss your potential case.

Additional Resources

There are several resources that may be helpful if you believe you have a medical malpractice claim in Marietta:

• Georgia Composite Medical Board - Responsible for licensing physicians and investigating complaints.
• Georgia Office of Insurance and Safety Fire Commissioner - Assists with insurance related questions and complaints.
• Cobb County Bar Association - Provides lawyer referral services and legal information.
• Georgia Trial Lawyers Association - Offers resources on consumer rights and legal representation.
• Local hospitals and health systems - Many have patient ombudsman or advocacy offices for internal review of complaints.

Next Steps

If you believe you or a loved one has been harmed due to medical negligence in Marietta, it is important to act promptly. Follow these steps:

1. Gather all relevant medical records, bills, and documentation related to your treatment and injury.
2. Write down a clear timeline of events leading up to and following the incident.
3. Contact a qualified medical malpractice attorney in Marietta or Cobb County for a free consultation. Present your documents and be honest and thorough in answering their questions.
4. Do not discuss your case with the health care provider or their insurance company until you have legal representation.
5. Follow your attorney’s instructions about next steps, including securing expert opinion and filing a claim within the legal time limits.

Taking prompt action helps preserve important evidence and ensures your right to seek compensation under Georgia law.