Emotional distress caused by a doctor’s negligence or intentional acts can be as devastating as physical injuries. In Georgia, victims of medical malpractice may be entitled to compensation for the emotional harm they suffer. However, claims involving emotional distress can be challenging to prove. It is particularly difficult when no physical injury accompanies the psychological trauma. Understanding your rights under Georgia law is essential when pursuing such claims.
What Is Emotional Distress?
Emotional distress refers to mental or psychological suffering caused by a traumatic or negligent event. Symptoms vary from person to person but may include:
- Depression
- Anxiety
- Insomnia or other sleep disturbances
- Changes in appetite or weight
- Memory problems
- Irritability or aggression
- Loss of interest in activities
- Increased reliance on alcohol or other substances
Victims who successfully prove emotional distress can recover damages for medical expenses, lost wages, and pain and suffering. In cases where a doctor’s behavior is particularly egregious, you may also seek punitive damages. Georgia courts will award these damages to punish the defendant and deter similar bad actions.
When Can You Sue a Doctor for Emotional Distress in Georgia?
Under Georgia law, there are two primary scenarios where you may seek compensation for emotional distress caused by a medical professional:
- Emotional distress accompanied by physical injury: When a doctor’s negligence results in physical injuries, emotional distress often follows. For example, if a surgeon amputates the wrong limb, a patient might be left with a permanent disability and severe depression.
- Emotional distress without physical injuries: In some cases, emotional distress may occur without a corresponding physical injury. For example, if a doctor mistakenly informs a patient that they have a terminal illness and later discovers the diagnosis was incorrect, it could lead to severe mental anguish.
Georgia law recognizes claims for emotional distress in the absence of physical harm. However, these cases are harder to prove and often require substantial evidence to demonstrate the psychological impact. You may also need to consult with expert witnesses to link the harm with the doctor’s negligence.
How to Prove Emotional Distress in Georgia
Proving emotional distress in a medical malpractice case can be complex. The following elements must be established:
- Doctor-patient relationship: The existence of a doctor-patient relationship establishes the duty of care owed to the patient.
- Breach of duty: The doctor failed to meet the standard of care through negligence or intentional misconduct.
- Causation: The breach directly caused emotional distress.
- Damages: The emotional distress resulted in measurable damages. These damages can include therapy expenses, lost income, or diminished quality of life.
Once you are able to prove all these elements, you will be ready to hold the medical professional accountable for causing your harm.
Types of Evidence to Support Your Claim
Documentation is critical when pursuing a claim for emotional distress. Evidence may include:
- Medical records documenting the negligent act
- Testimony from therapists, psychiatrists, or other mental health professionals
- Statements from family members, friends, or colleagues about behavioral changes
- Personal journals or diaries detailing your emotional struggles
- Medical bills, therapy costs, and prescription records
- Documentation of missed work and lost wages
Expert testimony often plays a pivotal role in these cases. Mental health professionals can provide insight into the severity of the emotional distress and its impact on your life.
Georgia’s Statute of Limitations for Medical Malpractice Claims
In Georgia, victims of medical malpractice generally have two years from the date of injury to file a lawsuit. However, some exceptions exist. For instance, cases involving fraud or a failure to discover the malpractice within the standard time frame may extend the deadline. Consult with a skilled attorney to make sure you are preserving your legal rights.
How Malone Law Medical Malpractice and Severe Injury Lawyers Can Help
At Malone Law Medical Malpractice and Severe Injury Lawyers, we understand the profound impact emotional distress can have on your life. Our team of medical malpractice lawyers is dedicated to holding negligent healthcare providers accountable. We can help you secure the compensation you deserve.
If you or a loved one is suffering from emotional distress caused by a doctor’s negligence or misconduct, contact us today. We will schedule a free consultation with an Atlanta medical malpractice lawyer to discuss your options. Let us fight for your rights and help you move forward with your life.
Contact the Atlanta Medical Malpractice Law Firm of Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If you or a close one have suffered from medical malpractice in Atlanta, Georgia, please call Malone Law Medical Malpractice and Severe Injury Lawyers at (770) 390-7550 or contact us online to schedule a free case evaluation today.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346