Roswell Surgical Error Lawyer

Roswell Surgical Error Attorney

Doctors and other medical professionals are held to higher standards when handling patient care. During surgery, the patient has no control over what happens. They deserve to feel like they can trust their team to care for them. When a medical professional makes a mistake, patients can reach out to a Roswell surgical error lawyer to understand their legal rights and options under Georgia law.

Choose a Knowledgeable Attorney from The Tolson Firm, LLC

During difficult times in life, you need a strong legal Advocate to represent your case. The proud Black attorneys at The Tolson Firm, LLC have spent the last 30 years helping Georgia residents seek brighter futures. We offer free case evaluations to new clients living in Roswell and the surrounding cities in Georgia. Our attorneys value giving our clients the tools and knowledge they need to take back control of their lives after experiencing destabilization.

The Reality of Hospital Quality in Roswell

The main hospital in Roswell, Georgia is Wellstar North Fulton Medical Center, located at 3000 Hospital Boulevard. Patients receiving surgical care often don’t have a choice in where they get the surgery. They base their decisions on proximity to their home and which places accept their insurance.

This means that hospitals known for inadequate care can continue doing so. This isn’t the fault of the patient, but rather the fault of our country’s medical system. The American Medical Association reported in 2022 that 48.9% of surgeons in the United States have had a legal claim filed against them. There were 6,341 legal cases opened against American physicians between 2020 and 2022.

The most common surgical mistakes are wrong surgeries, where the doctor operates on the wrong body part or patient, and leaving objects inside a patient. In 2023, there were 110 reported cases of a surgeon accidentally leaving an object inside a patient. Orthopedic, brain, and urology surgeries were responsible for the most claims that year.

Understanding what to do in the event of a surgical error is key to protecting your legal rights.

Evidence to Gather for Your Surgical Error Case

You need to gather extensive evidence for your surgical error case to prove your side of the story. It’s important to hire a surgical error lawyer to help you during this time. Your lawyer can help you gather and preserve:

• Testimony from anyone who witnessed the surgical error incident happen
• Testimony from professionals in similar fields, giving their opinion on what they believe caused your injuries
• Your medical records. These provide documentation of your treatments, tests, notes from your doctor and nurses, the timeline of your care, and any missing information.
• Your medical bills and other financial losses
• Proof of your emotional losses, including any notes from your therapist or journal
• Security footage of the incident
• Any relevant 911 calls
• A written, detailed timeline of events

The Deadline to File Your Medical Malpractice Case in Georgia

When pursuing a medical malpractice case, you typically file your claim at the Lewis R. Slaton Courthouse, located at 136 Pryor Street in Atlanta. You have a two-year deadline to do so. The clock begins from the date the injury occurred, but you may be able to file later if you don’t discover the injury until after two years. However, there is a five-year deadline for all medical malpractice cases, even if you don’t discover the injury until after that point.

For situations involving a foreign object being left inside you, such as a surgical rag or sponge, the deadline is extended further.

If you fail to file within the proper deadlines, the courts can often dismiss your case entirely, and you won’t be able to pursue any compensation for what happened to you.

FAQs

How Difficult Is it to Prove Medical Negligence in Georgia?

The difficulty in proving medical negligence in Georgia depends on how much evidence you’re able to collect for your unique situation. Each case varies, depending on the level of harm caused, the amount of proof available, and whether liability is disputed or not. Courts rely on evidence to make their final decision, making it vital to collect as much as possible. Your attorney can help explain what to expect in your specific case.

What Kinds of Damages Can I Request in My Surgical Error Case?

There are two main kinds of damages you can request in your surgical error case. These damages are calculated based on your real losses and help determine how much compensation can be awarded to you. Economic damages help victims recover compensation for their financial losses, such as their medical bills and lost income. Non-economic damages help victims recover compensation for their emotional losses, such as pain and suffering and loss of enjoyment of life.

Can I Win Punitive Damages in My Medical Malpractice Case?

You may be able to win punitive damages in your case if the wrongdoer acted with extreme malice or negligence. While this provides victims with more compensation, it was designed to further punish the wrongdoer and deter any similar behavior from happening again. In Georgia, these damages are typically capped at $250,000, except in cases where the wrongdoer was under the influence or causing intentional harm.

What Is Georgia’s Comparative Negligence System?

Georgia uses a comparative negligence system to determine fault in a medical malpractice case. Since multiple parties are typically involved in surgical error cases, this system helps ensure that liable parties pay only what they’re responsible for.

For example, a surgeon may be assigned 50% at fault. The nurse may be assigned 20%. The anesthesiologist may be assigned 10%, and the hospital itself may be assigned 10%. Each party only pays its percentage of the final settlement amount.

Hire a Surgical Error Lawyer That Georgia Residents Rely On

Contact The Tolson Firm, LLC today to schedule your confidential consultation with one of our attorneys. When recovering from a surgical error, you need a strong support system to help you get through. We’re honored to be a part of our clients’ support systems from the very beginning to the end of their case.