I am very sorry to hear this;
Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).
Negligence in the medical arena is called medical malpractice. Generally if a doctor allows a patient to undergo surgery and fails to advise of possible effects if the patient is pregnant, they can be liable. Once physical damage is evident, the person can sue for the following: medical costs, pain and suffering, legal fees and costs, punitive damages (designed to punish the defendant so they don't do this in the future).
The lawyer will subpoena medical records to get the entire file and will have an expert witness review the file to determine blame. If there are 2 defendants any judgment can be divided between them based on their percentage of fault.
It is important to contact an attorney as there is a statue of limitations of 2 years for medical malpractice per GA statute 9-3-70 et al.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.