It is very difficult to file a medical malpractice lawsuit in Georgia.k While you may expect it is as easy as going down to the courthouse and filing the lawsuit, there is an expensive hurdle to overcome before you can even do this.. Aside from filing and service fees, a person claiming medical malpractice must also file a sworn affidavit that details the factual basis for this claim. This costs money, and it’s substantially more than a filing and service fee.
The Required Affidavit
If a person alleging medical malpractice fails to file an appropriate affidavit, his or her lawsuit will most likely be dismissed. A judge may or may not grant leave to file an amended lawsuit along with an appropriate affidavit. If the expiration of the statute of limitations for filing a medical malpractice lawsuit is approaching in the immediate future, a claimant may be granted an extra 45 days to file the required affidavit, but only if you have retained an attorney to represent your case.
Other legal technical requirements apply to pleading and practice in Georgia medical malpractice cases. You don’t want to try to approach such a case on your own. It’s highly likely that your case will be dismissed, or you will have judgment taken against you in short order. If you believe that you or a family member have been a victim of medical malpractice in or around Valdosta, contact the medical malpractice attorneys in Valdosta, GA at Farrar Hennessy & Tanner, LLC to arrange for a free consultation.
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