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Gwinnett County Wrongful Death Attorney Shane Smith I Steps of a Medical Malpractice Suits

Patients and loved ones of patients of medical malpractice are all too familiar with the emotional and financial effects of a Georgia medical malpractice occurrence.

According to the Bureau of Justice Statistics, lawsuits for malpractice against doctors and medical professionals alleging permanent injuries or death constituted 9 out of 10 lawsuits for medical malpractice in the United States’ 75 biggest counties in 2001. Almost half of malpractice trials were lawsuits against surgeons in the United States’ 75 biggest counties in the same year. Of the remaining malpractice suits in 2001, one third of malpractice lawsuits were against non-surgeons.   

Medical malpractice cases are often lengthy and depend on many different and unique circumstances within each case. Before a lawsuit can be filed, a Gwinnett County medical malpractice accident attorney must determine if there is adequate cause, enough damages and legal standing for the injured Georgia medical malpractice victim. The Law Offices of Shane Smith can help Norcross malpractice victims recover what they are legally entitled to become whole again.

If there is enough evidence and cause to warrant a Georgia medical malpractice lawsuit, the next step is to begin “discovery.” Discovery is the process whereby both parties exchange evidence on all information related to the plaintiff’s claimed medical malpractice. The evidence that will be exchanged is related to:

  • Medical professional(s) conduct
  • Injuries sustained ( physical & emotional)
  • Comparative standard of care for the area

Along with the evidence, an expert medical witness, for each side, will determine if the medical professional’s conduct was up to generally accepted medical standards and standard for care for the patient’s age, geographic location and medical and legal standards. Based on his or her analysis, there will be a determination if negligence occurred. Based on the expert medical witnesses, the lawsuit may be dismissed, proceed or require more witnesses.

Based on the evidence and negotiations, the defendant may want to negotiate before trial if their legal counsel believes they can get away with a smaller settlement. However, some experts believe that if the plaintiff has a good case and the defendant has a good chance of being found guilty, it is better to take a Georgia medical claim to a trial where a larger and more just settlement to take care of all your damages.

Speaking with a Gwinnett County medical malpractice attorney or Norcross Wrongful Death attorney, you will learn how a medical malpractice legal claim works. The Law Offices of Shane Smith will help determine if you have a Gwinnett County medical malpractice claim. Don’t wait any longer to take advantage of your free consultation at (888) 927-6955.         


Shane Smith
Advocate for the Seriously Injured in Georgia