Legal Guides Archive | Atlanta Personal Injury Law Firm

Question 1

What Qualifies as Medical Malpractice in Georgia?

Accepted Answer

Medical malpractice occurs when a health care professional fails to provide the accepted standard of care, resulting in harm to a patient.

This can include misdiagnosis, surgical mistakes, medication errors, birth injuries, or failure to treat a serious condition.

To qualify as malpractice, the negligence must be directly responsible for the injury caused, and the patient must suffer measurable damages, such as additional medical expenses, lost income, or pain and suffering.

Not every negative medical outcome constitutes malpractice—there must be clear evidence that the provider’s negligence caused harm.

Georgia law requires expert testimony to establish that a provider’s actions deviated from professional standards.

Question 2

How Long Do I Have to File a Medical Malpractice Lawsuit in Georgia?

Accepted Answer

Georgia has a statute of limitations that generally requires medical malpractice lawsuits to be filed within two years of the date the injury occurred.

However, a separate statute of repose sets a hard deadline of five years from the date of the negligent act, even if the injury was not discovered right away.

There are exceptions for cases involving fraud, misrepresentation, or instances where a foreign object is left inside a patient’s body, which may allow for extended filing deadlines.

Minors under five years old at the time of the injury typically have until their seventh birthday to file a claim.

Because missing these deadlines can result in losing the right to compensation, it’s crucial to consult an attorney as soon as possible.

Question 3

What is an Expert Affidavit in a Medical Malpractice Case and Why is it Required?

Accepted Answer

Under Georgia law, anyone filing a medical malpractice lawsuit must include an expert affidavit from a qualified medical professional.

This affidavit must outline at least one specific negligent act committed by the defendant and explain how it deviated from the standard of care.

The purpose of this requirement is to prevent frivolous lawsuits and ensure that only valid claims proceed.

If the affidavit is not included with the initial lawsuit filing, the case may be dismissed.

An experienced medical malpractice attorney will help secure the necessary expert opinion and ensure the affidavit meets legal requirements.

Question 4

How Do I Prove Negligence in a Medical Malpractice Lawsuit?

Accepted Answer

To prove medical malpractice in Georgia, plaintiffs must establish four key elements:

Duty of Care – The healthcare provider had a professional obligation to treat the patient.
Breach of Duty – The provider failed to meet the accepted standard of care.
Causation – The breach directly caused harm to the patient.
Damages – The patient suffered measurable losses, such as medical expenses, lost wages, or pain and suffering.

Medical records, expert testimony, witness statements, and other forms of evidence are crucial to demonstrating negligence.

Because these cases involve complex medical and legal issues, working with an experienced attorney is essential.

Question 5

What Types of Compensation Can I Recover in a Medical Malpractice Lawsuit?

Accepted Answer

Patients who successfully prove medical malpractice may recover several types of monetary damages, including:

Economic Damages – Medical bills, rehabilitation costs, lost wages, and future medical expenses.
Noneconomic Damages – Pain and suffering, emotional distress, and loss of enjoyment of life.
Wrongful Death Damages – Funeral costs and loss of financial support if the malpractice resulted in death.
Punitive Damages – Awarded in rare cases of extreme negligence or reckless behavior.

Unlike some states, Georgia does not cap noneconomic damages, meaning patients can recover full compensation for pain and suffering.

Question 6

Can a Hospital Be Held Liable for a Doctor's Malpractice?

Accepted Answer

Yes, hospitals and healthcare facilities may be liable for malpractice committed by their employees, including doctors, nurses, and medical staff.

If a hospital fails to properly vet, train, or supervise its employees, it can be held responsible for negligence.

However, many doctors are classified as independent contractors rather than hospital employees, which can make pursuing hospital liability more complicated.

A medical malpractice attorney can investigate whether a hospital or healthcare facility shares responsibility for a provider’s negligence.

Question 7

What Should I Do If I Suspect Medical Malpractice?

Accepted Answer

If you believe you or a loved one has suffered due to medical negligence, take the following steps:

Seek Medical Attention – Address any immediate health concerns and get a second opinion if necessary.
Request Medical Records – Obtain copies of all relevant medical records, including test results, prescriptions, and doctor’s notes.
Document Everything – Keep detailed notes about symptoms, treatments, conversations with healthcare providers, and any unusual occurrences.
Consult a Medical Malpractice Attorney – An experienced lawyer can review your case, determine if malpractice occurred, and guide you through the legal process.
Act Quickly – Georgia’s statute of limitations imposes strict deadlines for filing a claim, so early action is critical.

Question 8

Do All Medical Malpractice Claims Go to Trial?

Accepted Answer

No, most medical malpractice lawsuits settle before reaching trial.

Attorneys for both sides often negotiate a settlement to avoid the time and expense of a court case.

However, if the parties involved cannot reach a fair agreement, the case may proceed to trial, where a judge or jury determines liability and damages.

An experienced attorney will prepare your case for both settlement negotiations and trial to achieve the best possible outcome.

Legal Guides

Georgia Medical Malpractice Lawsuit Guide

How to Document and Prove Your Injuries After a Car Accident

How Are Motorcycle Accident Claims Different From Other Personal Injury Cases?

How Do You Determine Fault in Car Accident Claims?

The Role of a Personal Injury Lawyer for Car Accident Claims

Is It Worth Getting an Attorney for a Car Accident in Georgia?

Can You Negotiate a Settlement With an Insurance Company After a Car Accident?

What To Do After a Car Accident in Atlanta, Georgia

Do I Need a Lawyer for a Car Accident Settlement?

What Medical Treatment for Car Accident Injuries is Covered by Insurance?

Contact

Atlanta Office

Proudly Serving the Following Georgia Locations: