Atlanta Medical Malpractice Lawyer | Call (470) 250-2647

Meet Our Atlanta Medical Malpractice Lawyer and Founder: Nathan Whittenburg

Nathan Whittenburg is an experienced personal injury lawyer and founder of First Class – The Atlanta Personal Injury Law Firm.

After earning his law degree from Emory University, Nathan dedicated his career to representing victims of serious personal injury and wrongful death cases caused by motor vehicle accidents and medical negligence in Atlanta, GA, and throughout Georgia.

He understands the nuances of medical records, expert testimony, and Georgia law when proving malpractice claims.

Healthcare providers and hospitals often defend malpractice claims aggressively, denying responsibility for misdiagnoses, wrong medication errors, or preventable brain injuries.

Nathan fights for his clients by holding negligent medical professionals accountable and working to recover compensation that reflects the full extent of their suffering.

Our firm prioritizes clear communication, compassionate advocacy, and straightforward guidance for those struggling with the impact of a life-changing medical condition.

Choosing Nathan Whittenburg means working with a medical malpractice attorney who understands the challenges victims face and who is ready to advocate for their rights, recovery, and future.

First Class – The Atlanta Personal Injury Law Firm handles medical malpractice claims related to surgical errors, birth injuries, anesthesia mistakes, misdiagnosis, delayed diagnosis, and other forms of medical negligence.

Contact us today for a free case review, or use the chat feature on this page to get in touch with the #1 Medical Malpractice Lawyer in Atlanta, Georgia (GA).

How Much Does It Cost to Hire a Medical Malpractice Lawyer from Our Law Firm?

Like many Atlanta Medical Malpractice Lawyers, the First Class Atlanta Personal Injury Law Firm operates on a contingency fee basis.

This means you won’t pay legal fees upfront for representation.

Instead, payment is only required if Nathan successfully secures compensation for you — whether through a settlement or a verdict.

Medical malpractice cases often require extensive medical records, expert testimony, and legal resources to prove negligence.

Working on a contingency fee basis makes high-quality legal representation accessible to those who need it, without adding financial strain.

It also means Nathan is fully committed to achieving the best possible outcome for your case, aligning his goals with yours to help you secure justice and the medical care you deserve.

If you or a loved one suffered harm due to a wrong medication error, surgical mistake, or misdiagnosis, contact our firm today to discuss your legal options.

What to Do If You Suspect Medical Malpractice: Key Steps to Take

Discovering that a medical mistake caused harm to you or a loved one can be overwhelming, especially when doctors and hospitals refuse to admit fault.

Whether the issue stems from a misdiagnosis, surgical error, wrong medication, birth injury, or delayed treatment, the consequences can be life-altering.

Unlike other personal injury cases, medical malpractice claims require a thorough understanding of medical procedures, patient rights, and the legal standards of care in Georgia.

Hospitals, doctors, and insurance companies often work aggressively to minimize claims or deny responsibility, making it difficult for victims to secure the compensation they deserve.

If you or a family member experienced unexpected complications, worsening conditions, or unexplained injuries after medical treatment, taking the right steps now can protect your legal rights.

Medical malpractice cases rely on medical records, expert opinions, and evidence of negligence, but many victims don’t know where to begin.

Understanding what to do next can feel impossible when facing medical uncertainty, hospital bureaucracy, and legal barriers, but taking immediate action may help you hold negligent providers accountable.

Steps to take if you suspect medical malpractice or medical negligence include:

1. Seek Medical Attention Elsewhere (If Needed) – If you are still experiencing harm due to a medical mistake, consult another healthcare provider to address your condition and prevent further complications.
2. Request Copies of Medical Records – Your medical records contain critical evidence, including test results, doctor’s notes, prescriptions, and treatment history, which may help prove negligence.
3. Document Everything – Keep track of symptoms, additional treatments needed, second opinions, and any communication with doctors or hospital staff. Write down details while they are fresh in your mind.
4. Avoid Confrontation or Signing Documents – Do not accuse the provider directly or sign any paperwork from the hospital, insurer, or doctor’s office without consulting an attorney, as it could impact your claim.
5. Consult an Experienced Medical Malpractice Lawyer – An attorney can assess your case, determine if malpractice occurred, and guide you through the process of filing a claim under Georgia law.
6. Obtain an Expert Medical Opinion – Malpractice cases require testimony from a medical expert to confirm that the provider’s actions deviated from the accepted standard of care.
7. Be Aware of Georgia’s Statute of Limitations – In Georgia, most medical malpractice claims must be filed within two years from the date of injury, so taking action quickly is crucial.

If you believe you or a loved one has been harmed due to medical negligence, taking these steps can help protect your rights and build a strong case for recovering compensation.

Gathering Evidence for a Medical Malpractice Claim

Building a strong medical malpractice claim requires clear and convincing evidence that a healthcare provider’s negligence directly caused harm.

Unlike other personal injury cases, these claims rely heavily on medical records, expert testimony, and documentation of improper care to prove that a doctor, hospital, or medical professional deviated from accepted standards.

Hospitals and insurance companies often dispute malpractice allegations, making thorough evidence collection essential for establishing liability and securing compensation.

The more detailed and well-documented your case is, the stronger your chances of holding the responsible parties accountable.

Evidence in a medical malpractice claim may include:

• Medical Records – Official records of diagnoses, treatments, prescriptions, test results, and surgical procedures that can reveal errors or inconsistencies.
• Doctor’s Notes and Progress Reports – Documentation of a provider’s assessments, treatment plans, and medical decisions that may indicate negligence.
• Second Opinions from Other Medical Professionals – Statements from other doctors confirming errors in diagnosis, treatment, or surgery.
• Hospital Policies and Guidelines – Internal procedures that may show a failure to follow safety protocols or proper medical standards.
• Expert Medical Testimony – Testimony from qualified medical professionals supporting your claim that negligence occurred.
• Prescription Records – Documentation of medication errors, incorrect dosages, or dangerous drug interactions.
• Witness Statements – Accounts from nurses, hospital staff, or family members who observed the negligent care.
• Photographic or Video Evidence – Images of injuries, surgical complications, or conditions resulting from medical errors.
• Billing and Insurance Records – Evidence of unnecessary treatments, overcharges, or insurance disputes related to improper care.
• Personal Journals or Symptom Logs – Written accounts tracking pain levels, symptoms, and health decline following the negligent treatment.

Gathering and preserving this evidence early in the legal process can help strengthen your case and improve your chances of recovering compensation for medical expenses, lost wages, and pain and suffering.

Damages in Medical Malpractice Cases

When a healthcare provider fails to properly diagnose, treat, or care for a patient, the devastating consequences can lead to serious injuries and long-term suffering.

In a medical malpractice lawsuit, injured clients can pursue fair compensation for the financial, physical, and emotional losses caused by negligence.

Damages in these cases account for both immediate and future medical expenses, as well as the broader impact on a person’s quality of life.

Because these claims involve unique legal aspects and require evidence from other healthcare providers, securing the right compensation often depends on proving the full extent of the harm suffered.

Financial recovery in medical malpractice cases is intended to provide financial support for victims and their families, helping them move forward after a life-changing medical error.

Damages in medical malpractice cases may include:

• Medical Expenses – Compensation for past and future medical expenses, including hospital bills, surgeries, rehabilitation, and ongoing treatment.
• Lost Wages and Reduced Earning Capacity – Recovery for income lost due to time off work and compensation for a reduced ability to earn a living in the future.
• Pain and Suffering – Damages for the devastating consequences of physical pain, emotional trauma, and long-term suffering caused by malpractice.
• Disability and Impairment – Compensation for serious injuries that result in permanent disability, loss of mobility, or diminished quality of life.
• Wrongful Death Damages – If medical malpractice leads to a fatal injury, surviving family members may recover for funeral expenses, loss of companionship, and financial losses.
• Loss of Consortium – Compensation for the impact on relationships, including the loss of companionship, affection, or support due to a medical injury.
• Punitive Damages – In cases of extreme negligence or reckless conduct, additional damages may be awarded to punish the responsible party and prevent future malpractice.

Understanding the legal aspects of medical malpractice damages is crucial for victims seeking fair compensation.

An experienced attorney can help injured clients build a strong case and fight for the financial recovery they need to move forward.

The Legal Process for Medical Malpractice Cases in Georgia

Georgia law outlines specific legal elements that must be proven in medical malpractice cases, making these civil lawsuits complex and challenging for victims.

Under Georgia’s medical malpractice laws, patients must demonstrate that a healthcare provider’s professional negligence directly caused their injuries, whether through a misdiagnosis, surgical mistake, or failure to treat a condition properly.

Unlike general personal injury claims, O.C.G.A. § 9-11-9.1 mandates that plaintiffs file an affidavit from a qualified medical expert alongside their complaint, attesting to at least one act of negligence.

Victims suffering from catastrophic injuries or families pursuing wrongful death claims must also adhere to strict filing deadlines, as Georgia law (O.C.G.A. § 9-3-71) imposes a two-year statute of limitations on most medical malpractice cases.

Under O.C.G.A. § 51-1-27, healthcare providers are required to exercise a reasonable degree of care and skill; failure to do so, resulting in injury, constitutes grounds for a malpractice lawsuit.

The legal process for medical malpractice cases in Georgia is as follows:

1. Contact a Medical Malpractice Attorney: Engage with an experienced attorney who specializes in medical malpractice to evaluate your case and guide you through the legal process.
2. Obtain Relevant Medical Records: Secure all pertinent medical documentation, including treatment records, diagnostic tests, and prescriptions, to establish the facts of your case.
3. Secure an Expert Medical Affidavit: In compliance with O.C.G.A. § 9-11-9.1, collaborate with your attorney to obtain an affidavit from a qualified medical expert who can attest to the alleged negligence.
4. File the Complaint: Your attorney will draft and file a formal complaint, accompanied by the expert affidavit, within the two-year statute of limitations outlined in O.C.G.A. § 9-3-71.
5. Engage in the Discovery Process: Both parties will exchange information, including medical records and expert testimonies, to build their respective cases.
6. Participate in Settlement Negotiations or Mediation: Efforts may be made to resolve the case outside of court through negotiations or mediation to reach a fair settlement.
7. Proceed to Trial if Necessary: If a settlement cannot be reached, the case will go to trial, where both sides present evidence, and a judge or jury renders a verdict.
8. Consider Appeals if Applicable: Post-trial, either party may appeal the decision if there are grounds to challenge the outcome based on legal errors or other considerations.

This process requires meticulous attention to detail and a thorough understanding of Georgia’s medical malpractice laws.

An experienced attorney can provide invaluable assistance in ensuring all legal requirements are met and advocating for your best interests throughout the case.

The Statute of Limitations for Medical Malpractice and Wrongful Death Cases in Georgia

In Georgia, the statute of limitations for medical malpractice and wrongful death cases is governed by specific state laws that define the timeframes within which legal actions must be initiated.

According to O.C.G.A. § 9-3-71(a), medical malpractice claims must be filed within two years from the date the injury or death resulting from the alleged negligent act occurred.

Additionally, there is a statute of repose outlined in O.C.G.A. § 9-3-71(b), which prohibits any medical malpractice action from being brought more than five years after the date of the negligent or wrongful act, regardless of when the injury was discovered.

For wrongful death claims arising from medical malpractice, Georgia law also imposes a two-year statute of limitations from the date of death.

Understanding and adhering to these statutory deadlines is essential for individuals seeking legal recourse in medical malpractice and wrongful death cases in Georgia.

Common Types of Medical Malpractice

Medical malpractice occurs when a healthcare provider’s negligence or failure to meet the accepted standard of care causes harm to a patient.

These errors can happen in hospitals, surgical centers, primary care offices, and nursing homes, often leading to severe or life-threatening complications.

Many malpractice cases stem from misdiagnosis, delayed diagnosis, surgical mistakes, and errors in medication administration, all of which can have devastating consequences.

Surgical errors, for example, may involve foreign surgical instruments being left inside a patient, causing infections or internal injuries.

Likewise, incorrect medication administration—such as giving the wrong drug, wrong dosage, or a medication that interacts dangerously with another prescription—can lead to severe reactions or organ damage.

In many cases, medical malpractice results in long-term disabilities, chronic pain, or the need for additional surgeries or treatments to correct the mistake.

Some errors, such as birth injuries or misdiagnosed infections, may permanently alter a patient’s life or lead to wrongful death.

Because of the complexity of these claims, victims often require extensive medical records and expert testimony to prove that their injuries were caused by professional negligence.

Below are some of the most common types of medical malpractice:

• Misdiagnosis or Delayed Diagnosis – Failing to recognize or properly diagnose a medical condition, leading to worsened outcomes.
• Surgical Errors – Mistakes made during surgery, including leaving surgical instruments inside a patient, performing the wrong procedure, or damaging internal organs.
• Anesthesia Errors – Administering too much or too little anesthesia, resulting in brain damage, respiratory failure, or death.
• Medication Administration Errors – Giving the wrong medication, incorrect dosage, or failing to check for harmful drug interactions.
• Birth Injuries – Negligence during labor and delivery, causing conditions like cerebral palsy, brachial plexus injuries, or oxygen deprivation.
• Failure to Treat or Premature Discharge – Releasing a patient too soon or failing to provide adequate treatment, leading to worsening health conditions.
• Hospital-Acquired Infections – Failing to maintain sterile environments, resulting in dangerous infections like sepsis or MRSA.
• Lack of Informed Consent – Performing a medical procedure without properly informing the patient of the risks and alternatives.

Types of Injuries Resulting from Medical Malpractice

The injuries caused by medical malpractice can be life-altering, painful, and financially devastating for victims and their families.

In many cases, patients suffer complications that require additional surgeries, long-term rehabilitation, or permanent medical care.

Errors in surgery, medication administration, or diagnosis can lead to severe health consequences, some of which may not be immediately apparent.

When a doctor or hospital fails to provide the proper standard of care, patients may experience permanent disabilities, chronic pain, or even wrongful death.

Below are some of the most common injuries resulting from medical malpractice:

• Organ damage or internal bleeding from surgical mistakes.
• Brain damage due to lack of oxygen, anesthesia errors, or untreated infections.
• Permanent disability or paralysis from birth injuries or surgical complications.
• Severe allergic reactions or poisoning from incorrect medication administration.
• Infections and sepsis from unsanitary surgical procedures or hospital conditions.
• Nerve damage resulting from improperly performed surgeries or injections.
• Chronic pain and long-term complications requiring extensive follow-up treatments.
• Wrongful death caused by preventable medical errors.

When medical malpractice leads to serious injuries, victims have the right to pursue compensation for their medical expenses, lost wages, and pain and suffering.

An experienced Atlanta Medical Malpractice Lawyer can help investigate the circumstances, gather evidence, and fight for justice on behalf of injured patients and their families.

Do You Qualify for a Medical Malpractice Lawsuit?

Filing a medical malpractice claim requires proving that a healthcare provider’s negligence directly caused harm to a patient.

If you or a loved one suffered serious injuries due to a misdiagnosis, surgical mistake, or medication error, you may be eligible to seek compensation.

Georgia law defines medical malpractice as a failure to meet the accepted standard of care, meaning the provider acted in a way that a competent professional would not have under similar circumstances.

Families of victims may also pursue claims if medical negligence resulted in wrongful death or life-altering complications.

Because these cases require extensive medical evidence and expert testimony, determining eligibility can be complex.

An experienced Atlanta Medical Malpractice Lawyer can review your case, gather the necessary proof, and help you understand your legal options.

If you believe a medical provider’s actions led to unnecessary suffering or preventable harm, seeking legal guidance is the first step in holding them accountable.

First Class - The Atlanta Personal Injury Law Firm: Your Atlanta Medical Malpractice Lawyer

Medical malpractice cases are complicated, emotionally challenging, and often met with strong resistance from hospitals and insurance companies.

Victims and their families deserve an advocate who understands Georgia medical malpractice laws and will fight to hold negligent providers accountable.

At First Class – The Atlanta Personal Injury Law Firm, Nathan Whittenburg is committed to helping those harmed by surgical errors, misdiagnoses, medication mistakes, and other forms of medical negligence pursue the compensation they deserve.

If you or a loved one suffered harm due to a doctor’s negligence, hospital error, or failed treatment, you don’t have to face this battle alone.

Our firm provides personalized legal representation, guiding clients through the legal process with compassion, transparency, and a relentless pursuit of justice.

Whether your case involves catastrophic injuries, long-term disability, or a wrongful death claim, we are prepared to fight for you.

Contact us today for a free consultation.

Call us or use the chat feature on this page to speak with an Atlanta Medical Malpractice Lawyer and find out how we can help you take the next step toward justice and financial recovery.