Legal Question in Medical Malpractice in Georgia

Five years of Pain

In 1996 I went on ssi. At the same time I was given a health care provider because I was put on medicaid too. In time I started having some health problems that became very painfull. I went to my health care provider and told them about my pain. From there I was sent to other doctors and clinics who did other test. I was put on medications and had exploritory surgery and ultrasounds and ct scans. I was told that I had depression and that maybe a lot of this pain was in my head. I also ask at this time for a blood test for menapause, but was refused the test. September 1999 now, and a ultra sound test was done. In January 2001 I still had not heared anything from the ultra sound in 1999. At this time I called and found out that I had tumors. I call another doctor who said he could see me right away. This doctor did a complete historectamy on me and told me these tumors were present and should have been seen by all these test and doctors that had seen me thur those five years. I now have acid reflux, ibs, and can not have children anymore. My question is, do you think that I have a lawsuit case. Thank you for any help or answers that you can give to me.


Asked on 4/17/02, 2:09 pm

1 Answer from Attorneys
Jonathan Pope Hasty, Pope & Ball

Re: Five years of Pain

Under Georgia law, in order to prosecute a claim for medical malpractice, it must be proven that the defendant physician deviated from the appliciable standard of care for similar physicians in his/her treatment of you. Therefore, you would need to obtain your medical records surrounding your treatment with this doctor and have them reviewed by an expert physician with a similar specialty to determine if any deviations occurred. It would certainly seem that a physician would be required to report the results of an ultrasound to the patient within a reasonable time after the test was completed, especially if the ultrasound reveals a tumor. The statute of limitations for a medical malpractice case in the State of Georgia is 2 years from the date of the applicable malpractice, with some exceptions. Therefore, you must file a lawsuit against the physician with that 2 year period. In order to file a complaint for medical malpractice in Georgia, you must have a signed affidavit of a physician with a similar specialty who alleges at least 1 act of malpractice. Therefore, it is very important that you are diligent in the investigation of your claim. I would be glad to speak with you about this matter so feel free to contact me if you have any further questions. I wish you well in the future.

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Answered on 4/17/02, 2:37 pm


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