Suppose you have been under the treatment of a doctor. You might have had surgery, you might have been treated for a long-time medical condition, or the doctor might have prescribed a new medication for you. In any event, there were complications during the surgery, the doctor made the wrong diagnosis, or the doctor failed to warn you of the risks of the new medication and one of them came about. You have been hurt, and you want to know whether you have any legal remedies. Atlanta area attorney A. Bryan Baer, of The Baer Law Firm, can help you evaluate whether you have a medical malpractice case and build a medical malpractice case for you.
Mr. Baer has been practicing law in Georgia for approximately seventeen years. His practice is one-half personal injury cases and one-half medical malpractice cases. Before going into private practice, Mr. Baer worked as an insurance defense lawyer, learning the ropes from the other side. Since then, Mr. Baer has been recognized as one of George’s Super Lawyers®, as a Rising Star℠ and then as a full-fledged member of the group. He is also a member of the Million Dollar Advocates Forum which means he has a verdict or settlement on behalf of a client for $1,000,000 or more.
To Build a Medical Malpractice Case in Georgia, We Begin with You
Medical malpractice cases are complex and depend very much on the facts of each case. Before going to see an attorney, you should assemble all the medical records you have. You can also request medical records from your doctor. You should keep a daily journal to record what is happening to you. To build a medical malpractice case, It is important to journal daily because we forget dates, times and details. If your injury is visible, you should take periodic photographs of the injured part of your body. Videotape when appropriate is helpful. With this evidence in hand, it is time to go see the lawyer.
Don’t Delay Consulting with a Lawyer
It takes time to build a medical malpractice case. You should not delay consulting with a medical malpractice lawyer. Georgia has strict deadlines about when a medical malpractice case can be filed. The statute of limitations for a medical malpractice case in Georgia is two years after the date of injury or death caused by medical malpractice. But sometimes people are injured and do not realize it right away. Under some circumstances there is a five-year statute of repose. It is not wise to gamble that your injury fits that statute. In fact, you should consult with an attorney as soon as possible. The lawyer will have a lot to do to build a medical malpractice case.
The Lawyer Needs an Affidavit from a Medical Expert
Once you have hired a medical malpractice lawyer, and the lawyer has reviewed your documents, the lawyer must evaluate whether what happened to you amounts to medical malpractice. The lawyer, although usually not also a doctor, will have extensive medical knowledge. But the lawyer will need an expert to determine whether the doctor committed malpractice and whether you were injured because of it. In fact, in order for a medical malpractice case to proceed, the lawyer must obtain an affidavit from a medical expert that establishes these things.
What Kind of Damages Can You Recover?
When an injured patient files a medical malpractice suit, the patient seeks monetary damages for several things. These things are grouped into three types of damages, which are economic damages, non-economic damages and, if the facts warrant them, punitive damages. The lawyer must build a medical malpractice case with these damages in mind.
Economic damages are for out-of-pocket expenses cause by the malpractice. They cover, for example, the cost and expense of medical treatment for the injury that the doctor caused. Non-economic damages include not only the physical pain and suffering the medical malpractice caused you, but also elements such as anxiety, humiliation, mental anguish, scarring, loss of companionship and loss of enjoyment. Finally, there are punitive damages. They are more difficult to obtain than the other two categories of damages because they must be proved by clear and convincing evidence. Also, there must have been egregious circumstances underlying the malpractice.
You Are the Source for the Evidence to Build a Medical Malpractice Case
Remember how you should gather together medical records, take photos and keep a journal? In fact, you are the source of much of the evidence to build a medical malpractice case. Of course, your medical malpractice lawyer will arrange for additional, technical evidence such as the medical expert’s affidavit, but your testimony about what happened to you and how it affected you will maximize your damages at trial or in settlement of your medical malpractice case.
Mr. Baer, founder of The Baer Law Firm, is an experienced medical malpractice lawyer. If you would like to consult with him about your case, at no charge, please use the Contact form or call 404.THEBAER (404.843.2237).