Medical Malpractice in Georgia
Medical malpractice arises when a doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.
What Evidence Do I Need for Georgia Medical Malpractice Claims?
The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Georgia medical malpractice lawyer can guide you through this entire process.
While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.
- There was a working relationship between the doctor and the patient.
- There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
- There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
- The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Georgia patient can sue for currently.
While proving these aspects of the case can be difficult, it’s also worth noting what you cannot present. As an illustration, Georgia law does not allow condolences from medical staff as evidence. In some states, an apology is a piece of admissible evidence during litigation.
Hospital Responsibility
You may wonder if you can also sue the Georgia hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the hospital or facility, they are not liable.
Types of Medical Malpractice
As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:
- Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
- Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
- Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.
There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:
- Misreading or ignoring test results from the lab
- Making surgical errors
- Not following up properly or not offering adequate post-care
- Performing unnecessary procedures or surgeries
Damages Available in Georgia
There are three types of damages a court will award for medical malpractice.
- General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
- Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
- Special Damages – Damages for expenses from medical bills and lost wages
CBS News reports that the Georgia Supreme Court ruled against a $350,000 cap in medical malpractice cases. Since 2010, judges or juries can award as much as they feel the litigation warrants.
Statute of Limitations
Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.
Georgia law gives citizens up to two years from an injury or death to file a medical malpractice lawsuit. However, in some circumstances, you may have up to five years. No court in the state can accept a case that goes back farther than that.
Medical Malpractice Review Panels
In some states, filing a medical malpractice claim requires presenting your case to a review panel of medical experts. This panel evaluates the evidence and expert testimony to determine if malpractice occurred. While their decision isn’t legally binding like a court ruling, it is often a critical step in preparing for a lawsuit.
The findings of the review panel can add substantial credibility to your claim. These results are typically submitted to the court, where they may be referenced during the proceedings and can influence the final decision.
The Georgia Composite Medical Board disciplines and regulates doctors in the state. To get authorities involved, they recommend submitting a complaint to the Secretary of State first. Alternatively, the Department of Community Health accepts complaints about healthcare facilities.
Do I Need to Hire an Attorney?
Medical malpractice claims in Georgia can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney in Georgia with experience in medical malpractice.
A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:
- Build your case
- Collect important evidence
- Find expert witnesses to testify on your behalf
- Help you prepare for the malpractice review panel
- Take your claim to court
Work with an Experienced Local Lawyer in Georgia
Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Georgia attorney who is familiar with such cases. We can even help you connect with an attorney across Georgia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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