If something went wrong during medical care in Atlanta and you are unsure whether it was a mistake, you do not need to answer that question alone before speaking with a lawyer. Our Atlanta medical malpractice lawyer can review what happened, obtain the records, and tell you whether the facts warrant a closer look. Moriarty Medical Malpractice Lawyers prepared this guide to explain when a legal review makes sense and why timing matters in Georgia.
Signs Your Situation May Warrant a Legal Review
- Your condition became much worse after treatment in a way no one explained.
- You suffered an injury unrelated to the condition being treated, such as harm to a different body part.
- A serious condition was diagnosed long after your symptoms first appeared.
- You were sent home from an emergency department and returned soon after with a serious condition. These situations can lead to emergency room malpractice claims.
- A new physician told you the earlier care should have been handled differently.
- A hospital stay led to a new infection, fall, medication problem, or other harm that staff could not explain. These events are often reviewed as hospital negligence claims.
- A family member died unexpectedly after a routine procedure or hospital admission.
- A baby or mother was harmed during labor or delivery.
None of these signs proves malpractice. A bad outcome can occur even when care is appropriate. Each sign is a reason to have the records reviewed by someone who can compare the care with accepted standards. Our article on recognizing medical malpractice describes other situations that may call for a review.
Why Georgia’s Filing Deadline Creates Pressure
Under O.C.G.A. § 9-3-71, Georgia generally allows two years from the date of injury or death to file a malpractice lawsuit, with an outer limit of five years from the negligent act. In many misdiagnosis cases, the two-year period starts at the misdiagnosis, not when the correct diagnosis is made. Our guide to Georgia filing deadlines explains these rules and their exceptions.
Two years can pass faster than it seems. Many patients spend the first months after an injury focused on treatment and recovery. By the time they consider a claim, much of the filing period may be gone.
Georgia’s filing requirements add to that pressure. A malpractice lawsuit must be filed with a qualified physician’s sworn statement identifying at least one negligent act. O.C.G.A. § 9-11-9.1 allows 45 extra days to file that statement only when the deadline is about to expire and the law firm was not retained more than 90 days before it. A firm hired early can complete the full review before filing. Our guide to the affidavit of merit explains this requirement.
Why Early Investigation Matters
- Records take time to collect. A claim may require records from several physicians, hospitals, labs, and pharmacies. Under O.C.G.A. § 9-3-97.1, a properly made records request can pause the deadline only once per claim, and generally for no more than 90 days.
- Physician review takes time. A qualified physician in the relevant specialty must review the records before a lawsuit can be filed.
- Details fade. Your memory of what was said, and when, is clearest soon after the events. Writing down a timeline early preserves those details.
- People move on. Nurses, technicians, and other staff who witnessed the care may change jobs or relocate.
- Early answers help families plan. A review can clarify whether a claim is worth pursuing, which helps families make decisions about care and finances.
What a Free Consultation Covers
A consultation with our attorneys is free and carries no obligation. It typically covers:
- What happened, in your own words, and a timeline of the care
- The providers and facilities involved
- The records and documents you already have
- The deadlines that may apply to your situation
- Whether the facts warrant obtaining and reviewing the complete records
- How fees and case costs would work, which our guide on how contingency fees work explains in general terms
It helps to bring discharge papers, visit summaries, test results, bills, and a list of the providers involved. You do not need complete records before calling. Our attorneys can request what is missing. You can also read what past clients have said on our client testimonials page.
Before You Call
Continue any medical care you need and follow the advice of a treating physician about your health. This guide is not medical advice. Avoid signing releases or accepting settlement offers from a provider or insurer before speaking with a lawyer. Our guide to the first steps after malpractice covers what to do in more detail.
Moriarty Medical Malpractice Lawyers represents patients and families in Atlanta and nearby communities, including Peachtree Corners. Contact us to schedule a free consultation.
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