Georgia Medical Malpractice Questions & Answers

Q: I have been looking for a medical malpractice attorney who would be willing to take my husband's case against the ER

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Mar 28, 2019
Robert J. Fleming's answer
In Georgia, the statute of limitations for medical malpractice is two years from the date of the alleged malpractice. While there are very limited exceptions, this deadline is something that must be met or your right to sue is lost forever. It appears from you question that the statute of limitations may preclude a lawsuit in your case, but to be sure, you should contact a lawyer who handles medical malpractice cases in Georgia as soon as possible.

Q: What is being asked of me?

2 Answers | Asked in Medical Malpractice for Georgia on
Answered on Mar 7, 2019
Mitchell Feldman's answer
This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.

Q: How can I get justice when the statute of limitations has passed by?

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Answered on Mar 2, 2019
Timur Akpinar's answer
As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a condition. However, statutes of limitations are state-specific. Therefore, if you want to explore the issue further or put it to rest, it would make the most sense to contact a Georgia attorney.

Tim...

Q: 3 days ago my mother had an MRI and they put her in knowing she has a cochlear implant. She is now in much pain and..

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Jan 9, 2019
Peter N. Munsing's answer
Contact a member of the Ga. Trial Lawyers Assn --they give free consults. Don't mention to her ENT that you are doing this--it'll make people worried that they will be involved. She needs to follow up with her ENT ASAP

Q: What is the legal definition of medical diagnosis?

2 Answers | Asked in Medical Malpractice for Georgia on
Answered on Jan 25, 2018
Peter N. Munsing's answer
A determination, sometimes in a series of alternatives (differential diagnoses) as to the likely cause of a patient's symtoms.

Q: How much pressure can a chiropractor legally put on a patient to get a lawyer and sue for pain and suffering?

3 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Georgia on
Answered on Aug 18, 2017
William Head's answer
Your "spider senses" are working very well. There are too many of these folks who "connect" their patients with a lawyer who sues for soft tissue injury.

I'd change to another chiropractor.

I have seen similar instances that started with a "billboard" lawyer sending the person to a chiro, and later it was discovered that disk damage was the issue. Wasted $25000 on inflated, useless chiro. Then the injured person was left with a small amount of recovery, and the lawyer and...

Q: Can a police pull you over, ask for you license and registration. And won't tell you why you was stop!

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Medical Malpractice for Georgia on
Answered on Aug 13, 2017
William Head's answer
The one fact, of your narrative, that sticks out, is that this was not your vehicle. If there was a legal basis for that pullover (e.g., the owner had an outstanding warrant, the tag was expired, no insurance on the vehicle, etc.) then the officer had the right to stop the vehicle. Once he or she saw that it was not the owner, that may not end their inquiry, is the vehicle was uninsured. That is a crime, to be driving without insurance, even if you were unaware of the lapse, by the real owner....

Q: I have medical records documenting a fractured arm when my dad was transported by ambulance to the hospital.

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Answered on Jul 30, 2017
Robert W. Hughes Jr.'s answer
Your question presupposes lots of things that may not be facts, but just conjecture. If your father has been abused by anyone, he has a claim against thst person. You do not.

Q: If my siblings and I suspect abuse of our father before his death, will we be able to file a lawsuit?

1 Answer | Asked in Personal Injury, Wrongful Death, Elder Law and Medical Malpractice for Georgia on
Answered on Jul 30, 2017
William Head's answer
You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.

Q: Seeking first step in tolling statue of limitations

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Answered on May 20, 2017
Robert W. Hughes Jr.'s answer
There is no first step in tolling a statute of limitations. For a slip and fall in GA, the statute of limitations is 2 years from date of fall. Things that toll the statute are mental incapacity, not yet being 18 years old and death. There could be others.

Q: Can a lawyer go to another law firm without telling they client

1 Answer | Asked in Products Liability, Medical Malpractice and Legal Malpractice for Georgia on
Answered on May 3, 2017
Peter N. Munsing's answer
They should notify you, but if the old firm is competent, then I would go with it--it's sometimes tough finding a new lawyer in the middle of a case.

Q: Is my case worth going to court for or suing this company to get my money back?

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017
Peter N. Munsing's answer
I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.

Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017
Peter N. Munsing's answer
Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be malpractice to prescribe antibiotics to a pregnant woman as a precautionary measure.

Q: My BFF was diagnosed but not treated properly at a medical facility in Georgia. Does she have a case?

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Apr 3, 2017
Peter N. Munsing's answer
She should contact a member of the Ga. Trial Lawyers Assn that handles medical carelessness cases; they give free consults. A lot depends on how she presented to them, and what symptoms she reported or they saw. However, if they told her to follow up with her internist and she didn't, then unlikely she would have a case.

Q: I'm wondering about the possibility of a lawsuit against a prison doctor or a implant company for defective hardware.

1 Answer | Asked in Products Liability, Civil Rights and Medical Malpractice for Georgia on
Answered on Mar 15, 2017
Peter N. Munsing's answer
Contact a member of the Ga. Trial Lawyers Assn who handles medical carelessness cases and medical products.

Q: What if the lawyer had it done ( with Prjudice in late 2015,but had you thing the case was on going.

1 Answer | Asked in Products Liability, Medical Malpractice and Patents (Intellectual Property) for Georgia on
Answered on Feb 15, 2017
Peter N. Munsing's answer
I believe you may in that case have a potential case against the attorney.But unlikely they wouldn't tell you unless you had not responded to their letters.

Q: What if your lawyer dismiss your case with Prjudice with out you knowing

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Georgia on
Answered on Feb 15, 2017
Peter N. Munsing's answer
Depends on your agreement with him which would spell out what they may and may not do. I would set up an appointment to meet with him in person and review it.

Q: What happens if you are not notified of your case being dismissed

1 Answer | Asked in Products Liability, Civil Litigation, Medical Malpractice and Patents (Intellectual Property) for Georgia on
Answered on Feb 15, 2017
Peter N. Munsing's answer
You can file a motion ot reopen,which should be done as soon as you find out. Check and see the addresses they used.If you moved, didn't tell people, on you.

Q: When mistrial found is it against all defendants or just one where jury couldnt agree only as to one?

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Georgia on
Answered on Jan 29, 2017
Peter N. Munsing's answer
It's a defense verdict on the two, a mistrial on the one. You have an attorney so do confer with him. He took what is obviously not a slam dunk to trial at great expense and time, which (s)he doesn't get paid for unless (s)he wins, so trust her/him enough to ask.

Q: I went to a trauma specialist 3 days ago for the first time. How can I report her to the board ?

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Answered on Jan 9, 2017
Peter N. Munsing's answer
You look up who licenses her but as an RN you know that those items are rarely covered. Look for a good trauma therapist who does EMDR--it's a process that is not lengthy, doesn't require meds. Find EMDR practitioners through googling "Psychology today EMDR ____________________"(name of your city or general area)

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