An Overview of Georgia Medical Malpractice Claims (Part B)

It is important to keep in mind that Georgia medical malpractice claims are not necessary for every incident. To figure out what is best for you setting up a consultation with a medical malpractice firm in Atlanta, Georgia is strongly recommended. Our lawyers will offer a no-cost and with no-commitment attached to review of your potential case.

Details of Georgia Medical Malpractice Claims

When you investigate a medical malpractice claim you will find that there are many regulations and rules that you need to address in the course of filing it. If you are confused about how something works and need clarification, do not hesitate to meet with a medical malpractice firm in Atlanta, Georgia.

There used to be a limit on malpractice damages in Georgia for a case, up to $250,000 for punitive damages.  However, recently, the Supreme Court ruled medical malpractice caps to be unconstitutional and a violation on the constitutional right to trial by jury.  The 2005 cap has been retroactively repealed.

The collateral source rule states that a defendant in a case is not eligible to seek reduction of liability by introducing evidence that the plaintiff has already received compensation for, from other sources.

The rules for expert witnesses state that a plaintiff's complaint must be formally accompanied by an affidavit from an expert supporting the facts presented by the plaintiff in his or her claim of medical negligence.

Medical malpractice cases may be subject to joint or several liability. This means that more than one defendant can be found responsible for the injuries suffered and if one is unable to pay then the other defendant will be liable for the entire amount.

The state of Georgia does not have a formal limit on attorney fees.

However, the state does permit voluntary arbitration where the parties involved in a case may agree in advance of arbitration to make binding results.

Contacting a Medical Malpractice Firm in Atlanta, Georgia

If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-842-7838.