Georgia Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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8 Defenses to Medical Malpractice Absence of Negligence. To establish a malpractice claim, a plaintiff will generally have to prove that: Absence of Causation. ... Good Samaritan Laws. ... Contributory or Comparative Negligence. ... Assumed Risk. ... Respectable Minority Principle.
Per O.C.G.A. § 9-3-72, if a medical professional leaves a foreign object (e.g., surgical sponge) in your body, you must file a claim within one year of discovery, referred to as the ?discovery rule.?
Absence of Negligence The medical provider had a duty of care toward them. The provider did not meet that duty of care. The provider's failure to do so was a proximate cause of the injury.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
In Georgia, the statute of limitations on medical malpractice cases is normally two years from the date of injury or death. This means that you have until the second anniversary of the date that you were harmed by a medical professional to file a lawsuit in pursuit of compensation.
Standard Negligence Defenses For example, a doctor may argue that his care was in line with the standards upheld in the medical profession, or that the patient's injuries weren't the result of a medical error.
Most Common Legal Defenses in Medical Malpractice Cases Not Below the Standard of Care/Not a Deviation. No Causation. No Damages. Natural Consequences. Assumed Risk of the Procedure/Patient Gave Informed Consent. No Guarantees. Pre-existing Conditions/Co-Morbidities. Non-Compliant Patient.