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Georgia Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue my dentist? We’re not properly putting my crown on and fitting it correctly and causing affections and fungal

I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More

Michael W. Horst
Michael W. Horst
answered on Apr 26, 2024

In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Can I sue if surgical staples was left in leg since July 2022 and just find out when I did a xray 8 days ago

They are not suppose to be left in there and I had did a follow up in which the PA did find a few left and removed them and previously my husband find one and removed it as well. I was in the hospital for 3 months undergoing surgeries concerning my leg. Grafts and etc and would need to go back to... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

Yes this is a potential case. In most jurisdictions, the time to bring a lawsuit does not begin to run until you discover the malpractice (subject to some limitations) and as long as foreign objects are retained within the body.

You should consult with medical malpractice attorneys right away.

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: HiMy foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was plac

Hi

My foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was placed in my fifth metatarsal of right foot.

After the surgery I was sent home .

The next day Saturday eve the numbness in my toes started to fade and I started... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

The court will not hear a case in which the state of limitation has passed. Medical malpractice claims deadlines vary depending on the type of the claim. For your type of matter, the statute has passed and the court will not hear your type of claim. The information provided presents opinions and... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Would this violate the informed consent law?

I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue a Dr or hospital for pain and suffering after I settled a medical malpractice lawsuit against them?
Tim Akpinar
Tim Akpinar
answered on Sep 1, 2023

When a case is settled, a release is usually signed. Basically, it usually means no more claims for injuries or damages - the matter is closed. Money offered in settlement is for all claims, present and future, known and unknown. This is generally wording. The terms of actual releases can differ.... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue a Dr or hospital for pain and suffering after I settled a medical malpractice lawsuit against them?
Michael W. Horst
Michael W. Horst
answered on Aug 24, 2023

Once a case settles, the claimant (i.e., the person who was injured) signs a release. In that release, all claims against the party(ies) who caused the injury are extinguished including the claim for pain and suffering. Consequently, you may not sue a doctor or hospital for pain and suffering... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue for damages pain and suffering and loss wages without it being a malpractice lawsuit

What’s the process of getting a certificate of merit

T. Augustus Claus
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answered on Aug 23, 2023

Yes, you can sue for damages, pain and suffering, and loss of wages without it being a malpractice lawsuit. These types of claims are commonly associated with personal injury lawsuits rather than malpractice cases. Personal injury claims can arise from various situations, such as car accidents,... View More

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3 Answers | Asked in Family Law, Domestic Violence and Medical Malpractice for Georgia on
Q: WHERE CAN I FOUND A PRIVATE PRO BONO LAWYER IN GA
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

Lawyers are not "pro bono" lawyers because no one could work for free all the time and pay their own expenses. There are attorneys who do some pro bono work. I would suggest contacting a local legal aide if you're looking for a place to get free legal assistance.

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3 Answers | Asked in Family Law, Domestic Violence and Medical Malpractice for Georgia on
Q: WHERE CAN I FOUND A PRIVATE PRO BONO LAWYER IN GA
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Most private attorneys who do pro bono work do so through legal aid clinics or organizations. Legal aid normally screens applicants seeking legal services before they can see an attorney volunteer to determine whether the applicant has a bona fide legal issue that can be addressed by a lawyer,... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

It's standard for doctors to be vendors or contractors in conducting independent medical exams (IMEs), whether for STD, no-fault, workers' comp, or other coverages at the request of the insurance carrier. That's the nature of the industry nationwide. Doctors won't generally... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Michael Grabhorn
Michael Grabhorn
answered on Aug 11, 2023

It is very common for insurers and administrators for employer provided short-term disability to use 3rd party medical reviewers as part of the claim process. These 3rd party medical record reviewers generally do not have a direct relationship with the insured. They are hired and paid by the... View More

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Is this a medical malpractice case?

My BIL's aunt passed yesterday at a hospital in GA. She had told the doctor's and nurses there that she had a pacemaker when they wanted her to have an MRI--she told them several times that she did not want an MRI b/c of this, however, they moved forward with the testing and she... View More

Kimberly Grant
Kimberly Grant
answered on May 11, 2023

Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects.

We are currently...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: If I was originally scheduled for an outpatient procedure but the doctor hit my aorta as she was going in which resulted

In me having to get a mid line incision, blood transfusion and a stent put in.. would this be medical malpractice?

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys in your state. Use Justia search to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Who is a awesome attorney who is not afraid of Tanner Medical Center for a medical malpractice and wrongful death
Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for the wrongful death. Unfortunately, it is difficult for attorneys here to respond to your request for an attorney to handle the matter. There is no solicitation on this forum. You would need to... View More

1 Answer | Asked in Criminal Law, Health Care Law, Libel & Slander and Medical Malpractice for Georgia on
Q: Hello, I'm currently researching for a lawyer that practices in hippa law violations.

More info can be provided once I'm guided in the correct direction of a lawyer who practices with confirmed and clear violation of the hipaa laws.

The person has been terminated from their medical position and this has caused excessive personal anguish.

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

You may have found an attorney by now, as your question was posted two weeks ago. But if you're still looking, in addition to your own independent searches, there's a tab above, "Find a Lawyer." Local and state bar associations may also have sections for attorney referrals.... View More

2 Answers | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Georgia on
Q: Is it too late to sue the Stretch Zone for causing my S1 Joint Dysfunction?

I went to the Stretch Zone due to feeling like I needed to be stretched or aligned in March 2023. I informed him that I had one hip higher than the other. He adjusted me and then pulled both legs simultaneously. This left me feeling lopsided and within 2-3 days I felt extreme pain in my lower... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

The deadline for most medical malpractice in California is 1 year. This defendant is not likely a health care provider and the deadline would be two years.

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1 Answer | Asked in Consumer Law and Medical Malpractice for Georgia on
Q: Looking to gauge my legal recourse in this case. I believe that I'm a victim of malpractice.

I consulted with a popular Atlanta invisalign provider in reference to fixing damage done to my teeth by a previous dental service named Byte. My main concern was moving my teeth up and 1 down using invisalign. He advised me that this was a simple process for them and that I would be done in 4... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

You have a potential case and not just for malpractice but also, potentially, for misrepresentation. Consult with experienced Dental Malpractice attorneys in the state where this occurred.

2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: I had surgery to fix a damaged toe but but the surgery was unsuccessful the doctor dropped me as a patient

So I got a second opinion had to go see a podiatrist and had to have surgery for the second time this time I had to get cut four times to fix what the previous doctor didn't fix and he dropped me as a patient a week after I've seen him

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2023

You may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys in the state where this occurred.

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1 Answer | Asked in Insurance Defense, Legal Malpractice and Medical Malpractice for Georgia on
Q: How can I dispute a medical bill that's charging 20000+ when all I had was trigger point shots and barely therapy?

I got into an accident last year that was caused by the other driver. I was transported seen about but wasn't hospitalized. I was treated for pain outside from the hospital. I went to a suggested treatment place my lawyer referred me to. However, I wasn't In and out the doctors office... View More

Tim Akpinar
Tim Akpinar
answered on May 31, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. An attorney would want to see the file to offer definitive advice - your medical plan, approval of services, billing issues, and other details. Good luck

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Medical Malpractice for Georgia on
Q: Can a Sheriff's Office be held liable for not following a courts signed order? order to detain re evaluation

A female was having new onset mania-fleeting thoughts, episode was believed to have been brought on by antidepressant (paxil) prescribed by female's dr for symptoms of anxiety (no mental health, bi-polar, manic, etc diagnosis by any dr to include the prescriber). Order to detain said female... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2023

If the patient ended up hurt, or hurting someone else, there may be a viable case.

Due to the nature of lawsuits, the extent of injuries may effect the viability of a case.

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