I need an experienced malpractice Lawyer,,,, any suggestions?
I'm searching for my sister. She had a surgery and it was done incorrectly. She is talking with another surgeon that has informed her of this. She is looking for a Lawyer that would take their pay after the lawsuit. We would go through in detail about it when we find one. I'm not a Lawyer but this is a cut in dry case.
5 attorney answers
Malpractice lawyers take cases on a contingency fee basis, meaning there is no fee unless there is a recovery. Avvo has a great lawyer finder tool to locate an attorney close to your home.
As Mr. Lassen indicated, Avvo's "Find a Lawyer" link is an excellent place to start. Also, inquire through the local bar association, as well as the Georgia Trials Lawyer's association.
I am licensed to practice law in Maryland and the District of Columbia; my remarks in response to your are subject to the laws of the jurisdiction in which the legal matter is, will be, or may be resolved. Please be aware, of course, that specific questions entail specific facts as to which an experienced lawyer can give you reliable advice. Both my and other lawyers' answers to questions on Avvo are for general purposes only and do not establish an attorney-client relationship; nor should they be considered legal advice. They also are simply responses to the questions that are posed, and do not necessarily address every circumstance in your particular situation. Your best approach may be to contact a lawyer directly through Avvo, and have a consultation at which time you can provide complete details.
You've come to the right place. While lawyers on this site cannot recommend themselves or other lawyers to you, you can use the "find a lawyer" feature above to search for a lawyer. Almost all medical malpractice lawyers will work on a contingency fee basis. That means they don't get paid until they win the case.
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Georgia has a professional negligence statute that requires a medical expert sign an affidavit that states the doctor in question breached an applicable standard of care, and this substandard care caused the injury complained of. These cases are tough to win, and they cost a great deal of money for an attorney to litigate. Many cases are not accepted, because the estimated verdict in the case would be too low to justify litigating the case through a jury trial. This means that some cases that appear to have legal merit, and not accepted because they are not economically feasible to litigate. Your sister should see a medical malpractice attorney in the Macon or Atlanta area. Counsel can order her medical records, and have them reviewed by an outside medical expert. If medical negligence is indicated in the review, the case will be further analyzed to determine if a lawsuit should be filed. Georgia in general has a two year statute of limitations, so time is of the essence here.
The fact that your sister has seen a new surgeon is a good first step. As someone else pointed out, a medical malpractice lawsuit in Georgia must include a sworn, written affidavit from a medical professional that they reviewed the case and found at least one negligent act or omission, and this doctor may or may not be willing to provide such a statement. Surgical errors can not only lead to the need for additional surgery, they can result in permanent loss of function or other irreversible consequences, so there definitely are situations in which a malpractice action is the recommended road to achieving a just resolution. An experienced medical malpractice lawyer should be able to review the basic facts of your sister’s experience and evaluate whether a lawsuit is advisable. You may find this information about Georgia malpractice law helpful: http://www.manninjurylaw.com/practice-areas/medical-malpractice/