Legal Question in Medical Malpractice in Georgia
is this malpractice/negligence?
I had a breast reduction 2 years ago. Before I left the hospital the doctor made a coment about my right breast, asking if it was ok (looks and feeling). Come to find out, he had cut the pedicle to narrow and caused me to develop fat necrosis in this breast. The day I got home from the hospital, I noticed some pus coming from the right breast, so I went to see him. He had me on a different type of antibiotic for three weeks, and I was in his office every other day for a week and a half. He denies that there was infection. So a year later I ended up going to see another physician to have the fat necrosis removed, and had to have an implant put in to make them even. Is there anything I can do? Any type of recourse?
2 Answers from Attorneys
Re: is this malpractice/negligence?
Without more information and a full review of the medical records, it is impossible to tell if there is a medical negligence claim. More importantly, there is a two year statute of limitations for bringing such a cause of action and the statute has either run or is so close to running there would be too little time left to put the case together. Sorry.
Jim Hough
770-607-5300
Re: is this malpractice/negligence?
Georgia has a two year statute of limitations on malpractice, so you may have waited too long. That is usually from the date of the malpractice, although in some cases it would be from the date it was or should have been discoverable.
Errors are not all malpractice. Errors that deviate from the normal standard of care may be.
Because of the two year limitation period, and the nature of the possible claim, our office would not look at the case. However, since there is some possibility your two years has not run, you should see a lawyer immediately (as in today, as you could be near being barred by a statute if that hasn't happened already).
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