Knowing Your Laws and the Importance of Expert Witnesses in a Medical Malpractice Case

We trust our healthcare professionals; however, when a medical provider fails to uphold the standard of care expected, provides an incorrect diagnosis, or suggests improper medication or treatment, the provider may be guilty of medical malpractice. It is hard to imagine, but millions of malpractice cases are filed each year, so what can you do when faced with a possible medical malpractice issue? As the plaintiff, it is imperative you know your rights, as well as the expectations according to Georgia law. Having the right experts – strong representation to help navigate the legality of filing a malpractice claim and medical expert witnesses to provide testimony in support of your case – ensures you are in the right hands.

Statute of Limitations for Medical Malpractice Cases:

As with any legal civil matter, medical malpractice cases follow a statute of limitations. A statute of limitations is the strictly enforced amount of time you have to file your case in the civil court system. Georgia law clearly outlines the statute of limitations for medical malpractice cases. Section O.C.G.A. 9-3-71 outlines the specific time stipulations placed on Georgia medical malpractice cases, which is two years after the date of injury or death occurred. The law further states that in no case can action be filed any more than five years from the date of the incident unless the case includes the issues of a foreign object being left in the body. In such a situation, the statute of limitations is one year after the object is found (Section O.C.G.A. 9-3-72). An attorney can help you thoroughly understand the legalities of medical malpractice law and ensure your case can be brought to justice.

Expert Witness in Medical Malpractice Cases:

Due to the nature of medical malpractice cases and the nuances of medical vocabulary and content, expert witnesses are imperative to the success of a medical malpractice case. In most medical malpractice cases, the testimonies from the expert witnesses have the most effect on the outcome. It is for this reason that imploring the expertise of a medical field professional who does not solely have a strong knowledge base in the field, but who is also persuasive in their delivery will strengthen your case. Many times, the outcome of the claim is determined by the expert witnesses. Experts are not only reserved for medical field professionals; insurance carriers also make strong witnesses as the insurance carrier will already be researching the claim on their own behalf. Lastly, the expertise of a seasoned malpractice attorney ensures your witnesses are being vetted appropriately and that you are approaching your claim with credible evidentiary support and strong witness testimonies.

Working with an Experienced Medical Malpractice Attorney:

Working with an experienced medical malpractice attorney who has a strong knowledge base and, more importantly, is compassionate, heightens the chances of winning your case. Contact Jackel and Phillips to discuss your legal options for holding a negligent doctor or other healthcare professionals liable for their mistake.

At Christopher L. Phillips Law Group, we have the experience, knowledge and compassion you need for the results you deserve