People who need medical care have to put their trust in the professionals assisting them. Usually, medical professionals do everything in their power to diagnose and properly treat their clients. Unfortunately, there are some scenarios in which medical professionals may fail in their obligation to their patients.
Medical malpractice occurs when medical professionals are negligent. If a health care provider makes a major diagnostic error or causes a never event during surgery, the affected patient or their surviving family members can initiate a medical malpractice lawsuit. Those seeking justice by taking legal action against a hospital or similar medical facility may have a more complicated process ahead of them due to recent revisions to tort law in Georgia.
What recently changed?
Governor Brian Kemp recently signed a bill into law that could impact plaintiffs in medical malpractice lawsuits. The purported intent of the new law is to control rising costs by limiting malpractice insurance coverage expenses and price increases to recoup lawsuit losses.
The law, which originated as Senate Bill 68, increases the burden of proof on plaintiffs pursuing compensation from businesses for injuries they incur on company property. Plaintiffs generally need to show that the hospital already knew about a safety issue or the misconduct of a worker to be liable for visitor or patient injuries.
The law may also limit how lawyers present information about the pain and suffering of patients who experience medical malpractice and their family members. The new law also limits non-economic damages awarded as compensation in a lawsuit.
Pursuing a successful medical malpractice lawsuit is still possible, but the process may take longer. Plaintiffs have more to prove and face a more contracted court process to secure compensation. In cases where they have grounds to request non-economic damages, limitations on their recovery may also influence the outcome of the lawsuit.
While the recent legal changes are no doubt disheartening, they do not prohibit people from holding health care providers and facilities accountable for negligence and other forms of medical malpractice. However, getting support early in the process of developing a medical malpractice lawsuit has never been more important.