Legal Question in Medical Malpractice in Georgia

My 72 year old mother has Horn Spurs on her head. In the past 5 years she has seen 4 specialist

doctors( Wound care, Plastic Surgen) The wound has not healed. The last Doctor she has seen

stated the others might have created problems. Now non of the doctors really want do do anything

except maybe radiation. Legal pusuits have up until now was not considered. I believe that now some one needs to be held accountable for this. My Mother is afraid if she does pursue that her insurance

will not help her in the future. What should we do. My Mom is on a fixed income


Asked on 4/20/11, 5:10 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, the statute of limitations for malpractice is 2 years. So things that happened before that are likely too late to deal with.

To have a malpractice case, you need more than a bad result and more than a mistake. You need a significant deviation from good care, and something far stronger than someone saying "it might have caused problems." On top of that, because of the enormous cost to pursue such cases, unless you can show major damage (death, shortened life or significant impairment), the case may not be financially viable.

Having said that, since you have already likely let the clock run on some claims (if there are any), see a lawyer ASAP to see if there is a claim.

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Answered on 4/20/11, 5:23 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You don't know what caused the problems. The mere fact that the issue has not ben resolved as fast as you want is not grounds for a lawsuit (otherwise, there would be no doctors). It is not enough that a doctor tried something that did not work. The fact that one doctor thinks other doctors "might" have created the problem is not enough. Your comment that none of the doctors want to continue certainly raises some questions. A malpractice case is based on a firm, expert medical opinion that a doctor was negligent in the care, and caused damages. It is not enough that a doctor tried something that did not turn out well. Medicine is not an exact science. It is a significant undertaking. Insurance issues are not grounds for a lawsuit.

Obviously, the very first thing you should do is make sure your mother's health issues are resolved before wondering about who to sue. It is not true that "someone needs to pay" as you posted elsewhere, merely because the medical issue is not resolved.

You also have a statute of limitations problem, since in another post you mentioned this has been going on 5 years.

If then you believe a doctor both acted negligently and caused damages, you can see a med mal lawyer (one who does most or all of these cases, not a lawyer who handles any kind of personal injury or other kinds of cases).

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Answered on 4/20/11, 5:29 am


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