Atlanta, GA asked in Arbitration / Mediation Law and Personal Injury for Georgia

Q: My wife had a calcium stem it test atl a local hospital and complications occurred. Can I file arbitration?

The complications resulted in test not being completed for identifying tumor activity in her pancreas and resulted in a stent being inserted into an artery the surgeon damaged. She was on the OR table for 7 hours. I was not informed of her status during the entire duration. A one night stay turned into 3 nights and basically for nothing and now she has a stent.

1 Lawyer Answer

A: A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the short answer in a med mal action is that you could generally file suit, after satisfying the state's requirements for a certificate or affidavit (if applicable) that the case has merit (meaning that it would be based on a medical sound theory about the departure from a medical standard of care). The option of arbitration in any legal action, unless it is set by arbitration clauses, is often at the consensus of both sides. Try to arrange a consult with law firms in your state - free initial consults are usually typical in such cases. Good luck

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