Macon Surgical Error Lawyer

Macon Surgical Error Attorney

When preparing for surgery, patients need to feel like they can put their trust in their medical staff to care for them. When medical professionals act with negligence and make a mistake during the procedure, it’s normal to want justice for your pain. Seeking help from a Macon surgical error lawyer can help you understand what options are available to you under Georgia law.

Hire a Surgical Error Lawyer With Years of Experience Helping Georgia Citizens

The legal professionals at The Tolson Firm, LLC are proud Black attorneys who strive to provide competent legal services to Georgia residents who have experienced traumatic events. Founding attorney Audrey Tolson has spent the last 30 years building a law firm that her neighbors and community members can rely on during difficult times.

Our firm offers free case evaluations to those living in Macon and the surrounding towns in Georgia. During your consultation, you can describe your situation in full detail. From there, our attorneys can provide transparent legal guidance so you can make informed decisions regarding your case.

The Reality of Medical Malpractice in Macon

Surgery is already a stressful time for patients. They shouldn’t have to worry about the level of care they receive at the institution where they get the procedure done. However, many hospitals don’t provide adequate care for their patients. Luckily, Medicare offers an online service so patients can research institutions beforehand.

The two closest hospitals for residents of Macon are Coliseum Medical Center and Atrium Health Navicent Medical Center, with Atrium being the second-largest hospital in Georgia. Macon residents typically choose facilities for scheduled surgeries that are close to home and accept their insurance.

During emergencies, patients often don’t have a choice in the facility where they receive care. This can make it difficult to protect yourself against negligence.

Between 2020 and 2022, there were 6,341 legal cases opened against physicians in the United States. During surgery, it was reported that the most common mistakes made were operating on the wrong body part or the wrong patient and leaving an object inside the patient. In 2023, there were 112 reported cases of wrong surgery nationwide.

Knowing the legal steps to take can help you stay protected after experiencing medical malpractice.

Types of Compensation You Can Pursue in a Surgical Error Case

When deciding how much compensation to award survivors, Georgia courts consider all evidence provided during the case and proof of their financial and emotional losses. All compensation won is based on your real losses. You can file for:

• Economic damages. These damages are easy to calculate, as they’re based on your financial losses. It can help you recover compensation for your medical bills, including any additional surgeries, medications, physical therapy, mobility aid devices, and mental health therapy. It can also help recover compensation for any lost income due to missing work from your injuries.
• Non-economic damages. These damages are more subjective, as they’re based on your non-financial losses. You can request compensation for your pain and suffering and loss of enjoyment of life.

It’s important to hire a surgical error lawyer to represent your case before filing. They can help you calculate the maximum amount of damages available in your unique situation.

The Deadline to File Your Medical Malpractice Claim in Georgia

The deadline to file your medical malpractice claim in Georgia is strict. You have two years from the date the injury occurred to file your claim. For residents of Macon, this is typically done at the Bibb County Courthouse, located at 601 Mulberry Street. No malpractice case can be filed more than five years after the incident, even if you didn’t discover the injury until after six years.

However, if a foreign object, like a medical sponge, was left inside you during the procedure, you have an unlimited amount of time to file your case.

While these timelines may seem long, it’s important to file as soon as possible to increase your chances of a successful case. The longer you wait, the more your losses can continue to pile up. If you fail to file within the proper deadlines, the courts are likely to dismiss your case entirely, and you won’t be able to pursue any compensation.

FAQs

Can I Get Punitive Damages in a Surgical Error Case?

You may be able to get punitive damages in a surgical error case if the responsible party acted with extreme malice or negligence. Punitive damages are awarded to victims to help further punish the guilty party and deter any similar actions from happening in the future. In Georgia, these damages are typically capped at $250,000. However, in cases where your surgeon was operating while under the influence or intentionally harmed you, there is no limit.

What Four Conditions Must Be Met to Prove Negligence in a Malpractice Case?

The four conditions that must be met to prove negligence in a malpractice case begin with proving to the court that your surgeon had a duty to care for you. You must then show that they failed to uphold that duty, and that failure directly led to your injuries. Finally, you have to show that your injuries led to real loss, either financial or emotional. To prove these conditions, you provide the court with extensive evidence supporting your claim.

Can I File My Surgical Error Claim Against Multiple Parties?

You may be able to file your surgical error claim against multiple parties. Patients are not just taken care of by one medical professional during a surgical procedure. They have an entire team helping them. This can include nurses, anesthesiologists, doctors, surgeons, and other hospital staff. Errors by any team member, such as anesthesia malpractice, can form the basis of a claim. Depending on the unique circumstances of what happened to you, you can file your claim against all relevant parties, even the hospital itself.

How Do Georgia Courts Determine Fault in a Medical Malpractice Case?

Georgia courts determine fault in medical malpractice cases by assigning everyone involved in the situation a percentage of fault. This helps ensure that wrongdoers only pay what they’re responsible for. For example, if the surgeon is assigned 80% at fault for the surgical error and the anesthesiologist is assigned 20% at fault, they would only pay their portion of fault.

Work With Trusted Personal Injury Attorneys in Georgia

Reach out to The Tolson Firm, LLC today to learn how our skilled attorneys can help you. We value helping our clients regain control of their lives after experiencing trauma.