Georgia Medical Malpractice Laws [2024 Updated] – All You Need to Know

A medical malpractice claim is a type of personal injury claim filed against a medical professional who has harmed their patient. If you believe that you or a family member recently suffered any type of harm because of the negligence of a doctor, nurse, or other medical professional, it is vital to understand Georgia medical malpractice laws and how they could apply to your case.

Important Georgia Medical Malpractice Laws You Should Know

Just like in other personal injury cases, in a medical malpractice case, the plaintiff must accurately identify the party who injured them, prove the full extent of their damages, and establish causation between the defendant’s actions and their claimed damages. A medical malpractice case functions on similar principles, but there are additional statutory rules that apply to these cases that all potential plaintiffs must understand.

One of these rules is the statute of limitations, which works differently for medical malpractice cases than other personal injury claims in Georgia. The standard statute of limitations for a medical malpractice claim in Georgia is two years from the date on which an injury happened in a medical setting. However, the effects of such an injury may not be immediately noticeable. There is an overarching five-year statute of repose for all medical malpractice cases.

If a surgeon has left a medical tool or other material inside of a patient’s body, a separate statute of limitations applies that extends for one year following their discovery of this harm. When surgeons leave objects inside of patients, it could be months or even years before they are noticed. Failure to file a claim within the statute of limitations that applies to your claim could result in a judge dismissing the claim due to missing the statutory filing deadline.

This is why it is so crucial for an injured patient to seek legal counsel they trust as quickly as they can once they discover harm from any medical professional in Georgia. A medical malpractice case is inherently more complex than a standard personal injury case, and the injured victim may have less time to file their claim than they realize after discovering the harm that has been done to them.

Rules for Compensation in Georgia Medical Malpractice Cases

The objective of a medical malpractice claim is to prove fault for the injury and recover compensation from the at-fault party. Just like in most other personal injury cases, it is possible for the plaintiff in a medical malpractice suit to claim compensation for economic and non-economic damages they suffered because of a defendant’s actions. An experienced attorney can help them accurately determine the full extent of these claimable damages.

The plaintiff will need to meet additional statutory requirements before claiming compensation from a defendant. First, they will need to obtain an affidavit of an expert from a qualified medical professional that they can submit to the defendant along with advance notice of their intent to file a suit. An experienced attorney can help their client secure the foundational elements of their case, file it on time, and pursue maximum compensation from the defendant for the harm they have done.

FAQs

Q: What Is Considered Medical Malpractice in Georgia?

A: In Georgia, medical malpractice is any harm resulting from the negligence of a medical professional. It is a failure to meet the standard of care that the injured patient requires in the situation. Success with a medical malpractice claim requires proof that the defendant failed to meet the patient’s standard of care and, in so doing, directly caused harm to the patient.

Q: How Much Compensation Can I Claim for Medical Malpractice in Georgia?

A: The amount of compensation you can claim for medical malpractice in Georgia will depend on the severity of your damages. Like in other personal injury claims, the plaintiff has the right to claim compensation for any economic losses they sustained because of the defendant’s actions, such as increased medical expenses and lost income if they cannot work. They can also claim pain and suffering compensation, which is no longer limited by Georgia law as of 2010.

Q: How Do I Win a Medical Malpractice Case in Georgia?

A: You win a medical malpractice case in Georgia by proving that your injury was the direct result of the defendant’s negligence and failure to meet the standard of care you required for the situation. You will also need to accurately prove the full extent of the damages you suffered from the incident. Having an experienced Georgia medical malpractice lawyer on your side will dramatically increase your chances of success with the claim.

Q: What Is an Affidavit of Expert in a Medical Malpractice Case?

A: In a medical malpractice case, an affidavit of expert is a sworn statement the plaintiff must secure from a medical professional who holds the same medical board certifications as the defendant. For example, if they are suing an OBGYN for malpractice, they must obtain an affidavit from another OBGYN who can explain how the defendant failed to meet the patient’s standard of care for the incident.

Q: What Does It Cost to Hire a Georgia Medical Malpractice Lawyer?

A: The cost to hire a Georgia medical malpractice lawyer is likely to be a percentage of your case award. This contingency fee policy applies to most civil claims, meaning the plaintiff pays their attorney only if their attorney wins their case. The contingency fee is a percentage of their case award. This billing policy ensures greater access to legal counsel for those who need it most.

The team at Spohrer Dodd Trial Attorneys has years of professional experience representing medical malpractice cases in Georgia. These cases are inherently more complex than most other personal injury suits, and it is natural to have many questions that you may be unable to answer on your own. Whatever your case entails, we have the skills and experience needed to guide you to a positive result. Contact us today and schedule a free consultation to learn more about how we can help.