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How do I file a medical malpractice case in North Georgia? I can not find an attorney due to the fact that's its North GA

Ringgold, GA |

A podiatrist misdiagnosed me with Neuropathy and then performed a foot surgery, in actuality I had diminished pulses in both legs and with this surgery should not have been performed. Initial surgery was performed in October of 2011 and embolism was detected within 2 days of surgery however podiatrist would not refer me to any other doctor for 14 days, and with the delay the specialists were unable to fix it. I was admitted into the hospital the end of October and had gangrene which ended with amputation of my right great toe,

Attorney Answers 5

Posted

I am sorry for what you have been through. First of all, I am not sure why the fact that the case is in N. Georgia is hindering your ability to file. In terms of the law, it is the same all across Georgia, and most of us who practice medical malpractice law have filed cases all across Georgia. To file a medical malpractice claim, you need an expert affiant - in this case a podiatrist familiar with your particular condition - who would state under oath at least one way in which your podiatrist breached the standard of care. The law is OCGA 9-11-9.1 if you wanted to look it up for reference. There are other quirks that separate medical malpractice cases from typical personal injury cases, but by and large, the procedural hurdle to file is the biggest one you need to concern yourself with initially.

As to whether you have a case or not, I cannot say without more information. We have a podiatrist who we have review records for us, and he can typically give us an opinion in a relatively expedited timeframe. We would need all of your medical records before we could have it reviewed. Please keep in mind that whichever attorney you choose will need time to have the records sent out for review, then if there's a case, to prepare it and file it. That process can take some time. Assuming the Oct. 2011 surgery is the one that should not have happened, your statute of limitations, which is the date by which you must file, is 2 years from the offending date, meaning it is coming up in Oct. 2013. That is not a lot of time. If you are serious about your case, contact a medical malpractice attorney asap so you can get an opinion with respect to your case.

For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.

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Posted

If you have your records, keep trying to find an attorney. Has anyone looked at your records? Do you have diabetes? With the damages you have sustained, if there is any liability, you should be able to find a local attorney to help you. Do not be foolish and try to handle by yourself.

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Posted

Yes I have the medical records and a couple of Attorneys have looked at them but I have been told that it is difficult to win a case in North Ga and basically it would need to be a slam dunk case for them to take it on. I do NOT have Diabetes. I do however have Lupus which was disclosed to the podiatrist on my initial visit. However I was unaware that there were multiple Lupus's I knew I had SLE but I also have Anticoagulation and IGG which a Hematologist confirmed after the initial surgery, since the podiatrist did not refer me to any other specialist prior to the surgery.

Posted

Did you try your local bar association?

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Posted

To say you would have no chance at filing on your own is an understatement. If you have a strong case, with damages, good medical malpractice lawyers will take it. You may have to travel to get to their office for a meeting or two (or more throughout the case), but if you have a strong case and can't find a good lawyer you have not looked enough. By med mal lawyer, I mean one that primarily handles these cases, as will be clear from their profiles and websites (not just general personal injury, slip and fall, etc.) and not the afternoon TV advertisers. Ringgold is a couple hours from Atlanta and that certainly is not an impediment for Atlanta lawyers. Make some appointments and come down for a day or two.

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Posted

Don't do it yourself. Retain one of the above lawyers in your state.

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