Being misdiagnosed can lead to delayed treatment, worsened health conditions, emotional distress, and even wrongful death. If you believe that you or a loved one has been misdiagnosed by a healthcare professional in Georgia, you may have legal recourse. Medical malpractice law provides a framework for holding negligent medical providers accountable. Below are the key legal steps you should take if you’ve been misdiagnosed in Georgia. If you live in or near Columbus, GA you should contact a medical malpractice lawyer that serves Columbus, GA.
Seek Immediate Medical Attention
The first priority is your health. If you suspect a misdiagnosis, seek a second opinion as soon as possible from a qualified medical professional. This not only protects your well-being but also provides a clear medical record that can serve as evidence if legal action is necessary.
Document Everything
Begin collecting all relevant medical records, test results, prescriptions, and communication with healthcare providers. These documents are crucial for establishing what the original diagnosis was, how it deviated from the correct one, and what consequences you suffered as a result. Keep a personal journal of symptoms, treatments, and how the misdiagnosis has impacted your daily life.
Consult a Medical Malpractice Attorney
Georgia’s medical malpractice laws are complex, and navigating them without expert legal guidance is difficult. An experienced malpractice attorney can evaluate your case, help determine whether negligence occurred, and advise you on the likelihood of a successful claim. Most malpractice attorneys offer free initial consultations and work on a contingency fee basis, meaning they only get paid if you win your case.
Understand the Legal Definition of Misdiagnosis
In Georgia, not every misdiagnosis is considered malpractice. To file a successful claim, you must prove that:
- A doctor-patient relationship existed;
- The doctor failed to meet the standard of care;
- That failure caused your injury; and
- You suffered measurable damages (such as additional medical costs, lost wages, or pain and suffering).
An expert medical witness is usually required to establish what the accepted standard of care should have been and how the doctor deviated from it.
Comply With the Statute of Limitations
Georgia law imposes strict time limits on when you can file a medical malpractice lawsuit. Generally, the medical malpractice statute of limitations is two years from the date of the injury. However, if the injury was not immediately discoverable, you may have up to five years from the date the misdiagnosis occurred to bring a claim. If a foreign object was left in your body, the limit is one year from the date of discovery. It’s critical to act promptly. Missing these deadlines can result in your case being dismissed.
File an Affidavit of Expert
Georgia law requires that a malpractice complaint include an “affidavit of expert,” which is a sworn statement from a qualified medical expert attesting that at least one act of negligence occurred. This affidavit must be filed along with your lawsuit. If you do not file this document correctly and on time, your case could be thrown out.
Prepare for Litigation or Settlement
Once your claim is filed, the process can take months or even years. Your attorney will likely negotiate with the defendant’s legal team and insurance company in an effort to reach a settlement. If a settlement is not reached, your case may proceed to trial, where a judge or jury will determine the outcome.
Understand the Limits on Damages
Georgia does not currently impose caps on economic damages such as medical bills and lost wages, but non-economic damages such as pain and suffering may be subject to limitations depending on legislative updates and court rulings. Be sure your attorney is current on any changes in the law.
Call Cook & Tolley to Represent you for your Medical Malpractice Case in Columbus, GA
A misdiagnosis can have serious consequences, but Georgia law provides a path for justice. By taking swift and informed action, seeking legal advice, and preserving evidence, you can protect your rights and potentially secure compensation for the harm you’ve suffered. Always consult a licensed Georgia medical malpractice attorney to evaluate your specific circumstances and guide you through the legal process.
If you or a loved one has suffered due to a misdiagnosis in Columbus, GA, Cook & Tolley is prepared to provide you legal counsel. With decades of experience, our medical malpractice lawyers are dedicated to fighting for justice and ensuring you receive the compensation you deserve. We work tirelessly to hold negligent healthcare providers accountable. Contact Cook & Tolley today to discuss your case today.
Cook & Tolley, LLP
304 E Washington St
Athens, GA 30601
(706) 549-6111
https://cooktolley.com/
