Filing a Medical Malpractice Lawsuit

Medical malpractice lawsuits are very fact intensive and require loads of information to prove that malpractice actually occurred. Unsurprisingly, there are certain pieces of information that are absolutely required to bring a valid medical malpractice lawsuit. Proving negligence of a medical care provider can be extremely difficult, so it is highly recommended that you consult with an experienced medical malpractice attorney before deciding to file a claim.

Medical Malpractice Claim Informational Requirements

In the state of Georgia and in many other states, when you file a medical malpractice lawsuit, you must also file an affidavit of merit. This document is a sworn statement made by a medical professional indicating that an individual’s medical malpractice claim has merit and that the facts justify a medical negligence claim. Namely, an affidavit of merit will include language expressing the following:

That the expert that signed the affidavit qualifies as an expert in the medical field in which the health care provider that is the defendant to the action practices.
That the expert has reviewed the case.
That the expert is of the opinion that the case is meritorious and that the defendant’s conduct did fall short of the medical standard of care.

Elements of a Medical Malpractice Claim

An affidavit of merit is not the only information needed for a successful medical malpractice lawsuit. There are certain elements of a medical malpractice claim that need to be present to assess liability. These elements must be present in order for you to have a successful lawsuit:

There must be a doctor-patient relationship between the injured patient and the doctor. This relationship creates a duty for the doctor to utilized the reasonable standard of care given the circumstances.
The doctor has to breach his or her duty by failing to perform his or her duties with a reasonable standard of care given the circumstances.
This breach of duty has to have lead to the injury alleged by the patient.

If all of these elements can be proven, then you are likely to succeed with your medical malpractice claim. If you or a loved one has been injured by a medical professional or you need answers to more general questions related to medical malpractice, contact McAleer Law today for a free consultation with one of our expert medical accident lawyers in Atlanta.

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