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Tag: medical malpractice

Birth Injury Cases in the State of Georgia

Posted on by productionnye

Having your infant suffer from a birth injury is an unbelievably tragic event. If this has occurred in your family, you most likely feel shocked, scared, and unsure of what to do next. If you and your baby are suffering due to an infant injury that was caused by medical malpractice, you have the option to seek legal compensation.

The best course of action to take is to get in contact with a Georgia lawyer who is well-versed in these types of cases. Our expert team of attorneys has the skills and the knowledge to guide you through this difficult time. Our lawyers have a thorough understanding of the laws surrounding birth injuries in Georgia and are capable of creating a strong case for you.

A birth injury, also known as birth trauma, is defined as any wound that a baby receives during the birthing process. There are many instances that can result in a birth injury, including the negligence of the medical team providing care to the mother and child. One mistake during the birthing process can have detrimental consequences for the child.

Depending on the severity of the injury, it may have an effect on the child for the rest of his or her life. If your baby was injured due to the negligent act of a medical professional, you have the right to take legal action.

Not only is a birth injury emotionally traumatic, it can also create a financial burden on the family. The cost of treatment for the infant after the injury can prove very costly. In some cases, long-term, possibly even lifelong care may be required. Filing a birth injury case may award you compensation to cover these costs. This is why it is crucial to speak to a lawyer as soon as possible. Medical malpractice cases are time sensitive, and the sooner action is taken, the better it is for your case.

In the state of Georgia, there is a two-year statute of limitations on birth injury cases. You must file your claim within two years of the incident that lead to the injury. In the event that the injury does not become evident until later on, you are granted five years to file.

As with any medical malpractice case, in the case of a birth injury, it is essential to act quickly. Our lawyers will start as soon as possible and conduct a thorough investigation into the incident that resulted in your baby’s injury. They will determine what party is at fault and will collect the necessary evidence to provide in court.

Common Types of Birth Injuries in Georgia

There are many different types of injuries that an infant can sustain at birth. Just a few of these include:

  • Erb’s Palsy
  • Cerebral Palsy
  • Brain Damage
  • Fractures
  • Brachial Plexus Injury
  • Facial Paralysis

If your child received a birth injury in the state of Georgia, our lawyers have the ability to make the strongest possible case for you. Allow us at The Nye Law Group to provide you with legal guidance during these trying times. Call us at (912) 200-5230 to learn more about what options are available to you.

 

Understanding Medical Malpractice Damage Caps in Georgia

Posted on by productionnye

When the Georgia Legislature enacted the Tort Reform Act of 2005, the broad package placed a $350,000 cap on noneconomic damages in medical malpractice claims. In Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010), the Supreme Court of Georgia concluded on that the noneconomic damages cap violated the right to a jury trial guaranteed under the Georgia Constitution.

Other damage caps do still apply to medical malpractice cases. Georgia Code § 51-12-5.1 establishes a cap of $250,000 on punitive damages in medical malpractice cases, although there are exceptions in cases involving particularly egregious negligence or intentional malice.

If you suffered severe injuries or your loved one was killed as the result of medical malpractice in Georgia, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group represents clients all over Georgia. Call 855-636-9277 to have our firm provide a complete evaluation of your case during a free consultation.

Medical Malpractice Laws in Georgia

Medical Malpractice lawyerGeorgia Code § 51-1-27 establishes the expected exercise of “reasonable degree of care and skill” by any person professing to practice surgery or the administering of medicine for compensation in Georgia. The statute provides a course of action for any injury resulting from a want of such care. Medical malpractice actions need to be filed within two years of the dates on which injuries or deaths arising from negligent or wrongful acts or omissions occurred, but this limit can be extended up to five years when an injury was not immediately evident. Under Georgia Code § 9-11-9.1, plaintiffs in medical malpractice actions are also required to file affidavits of experts competent to testify. The affidavit must specifically identify at least one negligent act, or omission claimed to exist and the factual basis for each such claim.

The complaints in any action must allege professional malpractice against a professional licensed by the State of Georgia, a domestic or foreign business entity, or any licensed health care facility. Some of the most common kinds of medical malpractice claims include, but are not limited to drug recalls, misdiagnosis, anesthesia errors, failure to diagnose, birth injuries, and lack of informed consent.

Find a Medical Malpractice Attorney in Georgia

Did you suffer serious injuries or was your loved one killed as a result of medical malpractice in Georgia? You will want to contact the Nye Law Group as soon as possible.

Try not to speak to any insurance company about your case until you have legal representation. Insurers know victims can be talked into accepting settlements that are much less than what they are entitled to because people will be tempted to believe they are gaining more by not paying a lawyer.

In truth, an attorney will be able to get you compensation for all of your past, present, and future needs. Furthermore, the Nye Law Group represents clients on a contingency fee basis, which means you pay our firm nothing unless you receive a monetary award. Call 855-636-9277 or contact us online to schedule a free consultation.

 

Important Steps for Medical Malpractice Victims To Take in North Carolina

Posted on by productionnye

Many people place tremendous faith in the medical professionals they entrust their care to. However, a mistake by any member of a medical staff can have a profound impact on the well-being of a patient, and people can suffer devastating injuries or outcomes as the result of medical malpractice.

If you believe that you or your loved one has been the victim of a medical error in North Carolina, you will want to contact the Nye Law Group as soon as possible. Our experienced Charlotte personal injury attorney can provide a complete evaluation of your case as soon as you call (855) 636-9277 to schedule a free consultation.

North Carolina Medical Malpractice Laws

medical malpractice lawyerIt is important to understand that a medical malpractice action in North Carolina needs to be predicated on some type of error or a failure to provide an acceptable standard of care. Simple dissatisfaction with a medical condition or procedure is not the basis for a legal claim.

North Carolina General Statute § 90-21.11(2)a. defines a medical malpractice action as a civil action for damages for personal injury or death arising out of a health care provider’s furnishing or failure to furnish professional services in the performance of medical, dental, or other health care. Under North Carolina General Statute § 90-21.11(2)b., a medical malpractice action is also a civil action against a hospital, a nursing home licensed, or an adult care home for damages for personal injury or death when:

  •   the civil action alleges a breach of duties to the patient
  •   the civil action arises from the same facts or circumstances as a claim under North Carolina General Statute § 90-21.11(2)a.

It is important to note that North Carolina General Statute § 90-21.19 establishes that the total amount of noneconomic damages (damages awarded for more subjective types of harm such as pain and suffering) in a medical malpractice action cannot exceed $500,000. The Office of State Budget and Management resets this figure annually based on the Consumer Price Index, and the limit was $533,409 as of January 1, 2017.

Time Limits on Medical Malpractice Actions in North Carolina

Any person who thinks he or she or a loved one has been the victim of medical malpractice will want to immediately retain legal counsel. Medical malpractice claims are extraordinarily complex to investigate, and victims often have a very limited amount of time to take legal action.

In North Carolina, the statute of limitation for filing a medical malpractice action is limited to three years from the date of the underlying medical error under North Carolina General Statute § 1-15. The same statute does provide a number of exceptions, however.

For example, when an injury is not immediately known or apparent, a victim has one year from the date of discovery to file a claim if two or more years have passed since the underlying medical procedure. No medical malpractice action can be filed more than four years after the underlying cause of action, although a person is allowed up to 10 years to file a claim relating to a foreign object being left in the body when the suit is filed within one year of the discovery.

Medical Malpractice Lawyer in Charlotte, NC

Were you or your loved one the victim of medical malpractice in North Carolina? Make sure you contact the Nye Law Group before speaking to any insurance company.

Our firm will work tirelessly to help you get justice and obtain all of the compensation you need and deserve. Call (855) 636-9277 or contact us online to have our Charlotte personal injury attorney review your case and help you understand all of your legal options.

Overview of Medical Malpractice in Georgia

Posted on by productionnye

Medical malpractice is an area of law that refers to errors made during medical procedures that have resulted in injuries or death to victims. Medical malpractice cases are extraordinarily complex and require legal claims to satisfy certain requirements.

Georgia Code § 51-1-27 establishes that recovery may be had in torts relating to injuries caused by a medical professional’s failure to exercise a duty of care. While the state legislature enacted laws that capped certain damages in medical malpractice cases, the Supreme Court of Georgia ruled such caps were unconstitutional.

Expert Affidavit Requirement in Georgia Medical Malpractice Actions

medical malpractice lawyerGeorgia Code § 9-11-9.1 establishes that in any action alleged professional malpractice against a professional licensed by the State of Georgia, licensed health care facility, or other enumerated entity, the plaintiff also needs to file an affidavit:

  • of an expert competent to testify; and
  • sets forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.

Medical malpractice claims can stem from a variety of different instances of negligence by medical professionals. Some of the most common kinds of medical malpractice actions include but are not limited to anesthesia errors, birth injuries, failures to diagnose, lack of informed consent, misdiagnoses, prescription errors, and surgical errors.

Article 4 of Chapter 3 of Title 9 of the Georgia Code is dedicated to limitations for malpractice actions. Under Georgia Code § 9-3-71, a medical malpractice action needs to be brought within two years of the date an injury or death occurred, but the statute of limitations may be extended to five years when an injury was not immediately evident.

Damage Caps in Georgia

Medical malpractice lawsuits can result in various kinds of damages being awarded to victims. Most actions involve compensatory damages for economic harm such as medical bills and lost wages as well as non-economic damages such as emotional distress or pain and suffering.

In 2005, the Georgia General Assembly enacted the Tort Reform Act of 2005, which led to the adoption of several maximum damage awards established under Georgia Code § 51-13-1. The law effectively limited victims to no more than $350,000.00 from any single medical facility and $700,000.00 from all medical facilities, and no more than $1.05 million for the aggregate amount of noneconomic damages.

On March 22, 2010, the Supreme Court of Georgia concluded that the noneconomic damages caps in Georgia Code § 51-13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution. This means that victims thus do not face any limitation on the damages they can be awarded in medical malpractice cases.

Find a Medical Malpractice Lawyer in Georgia

If you your loved one was the victim of medical negligence, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group has Georgia offices in Savannah and Hinesville.

Our experienced personal injury attorneys can investigate your malpractice claim and work tirelessly to ensure that all negligent parties are held accountable. You can have us provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online today to schedule a free, no-obligation consultation.

The Most Common Types of Medical Malpractice You Could Find

Posted on by productionnye

What is medical malpractice? This is something that unfortunately happens to people every day and involves a healthcare professional who breaches their duty of care to a patient. When these accidents do occur, the consequences can be devastating, leaving a patient in a bad state as they suffer from their injuries. There are many common types of medical malpractice from childbirth injuries to misdiagnosis. Today we will talk about all the different types so that you can prepare yourself for your case.

Some common Medical Malpractice types:

Medical Malpractice lawyerMisdiagnosis: There are different types of misdiagnosis like missed or delayed diagnosis. When a doctor fails to diagnose you with a disease or other illness for a certain period of time, you could miss the proper treatment. For instance, what if a doctor says that the pain in your underarm is a normal growing pain and fails to order tests? What if, two years down the road, you have advanced stage breast cancer because a doctor didn’t properly diagnose you? As you can see, a misdiagnosis could prevent real issues. The key, in this case, is proving that a competent doctor would not have made the same mistakes as your doctor and that they should be held liable in your case.

Childbirth Injuries: Unfortunately, a number of childbirth injuries happen to children every year in the U.S. Some of the most severe cases lead to disorders like cerebral palsy and seizures, or fractured bones and even paralysis. Sometimes, you have to consider the fact that a child had these disorders due to other factors. But other times, a doctor’s negligence could have caused these issues when the doctor didn’t treat a condition or failed to do a C-section even though the birth called for it.

Sometimes, the negligence takes place during the pregnancy as well. For instance, a doctor may not have given a patient the best prenatal care or failed to diagnose gestational diabetes or preeclampsia, which could cause the baby harm. A doctor should do everything in their nature to ensure that the pregnancy and birth go as smoothly as possible, which means treating the mother when it calls for it.

Medication Errors: Medication errors happen because a doctor makes a mistake and prescribes the wrong medication, fails to take notice of a potentially harmful drug interaction, and much more. In hospitals, we always hear of patients who are given the wrong prescription for their ailments. They are also given too much of a medication, which could end in disastrous results.

Surgery Errors: Surgery errors sometimes occur as well. For instance, a surgeon sometimes punctures an organ or blood vessel while they are doing the surgery, operate on the wrong body part, or leave surgical equipment like sponges and tools inside the body. Perhaps the lack of care came after the surgery when a nurse didn’t take care of a wound properly and now you have fallen ill with an infection. There are many ways this can occur.

If you have suffered at the hands of a negligent caretaker or physician, we want to hear from you. Just because you had an unhappy experience at an office or hospital doesn’t necessarily mean that medical malpractice occurred. However, if you have suffered due to the negligence of a medical party, we can help. Give us a call today at the Nye Law Group for more information, at 855-636-9277.

 

 

Sources:

https://www.hg.org/article.asp?id=31330

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Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
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CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230

CONTACT US NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

Call 912-200-5230