Most patients expect that their doctor will make them better and not worse. However, cases of negligence by a doctor or hospital happen all too often. In fact, the Georgia Composite Medical Board typically receives 1,500 to 2,500 complaints each year. Plus, it is said that this number is likely to be underreported.
You might be wondering if you can sue your doctor after an incident involving negligence. The answer is yes. However, winning your case might not be so easy. Explore the details below to learn more about medical negligence and medical malpractice claims.
What Is Medical Malpractice?
Some people believe that every mistake or potential bad outcome will allow them to recover compensation. However, to prove medical malpractice, a victim must show that their doctor or health care institution deviated from a reasonably accepted standard of care.
Medical malpractice may occur in many different areas, and it may take many forms.
Some common examples that may qualify as malpractice include:
- Surgery errors
- Birth injuries
- Anesthesia mistakes
- Infections acquired in the hospital
- Surgical instruments left inside the victim
- Medication errors
- Misdiagnosis of a disease
- Failure to treat
Unfortunately, medical malpractice often has devastating consequences. Victims are often left with catastrophic injuries, and some victims die as a result of careless behavior.
Keep in mind that you could potentially sue your doctor for medical negligence even if malpractice is not present. Negligence simply occurs when a careless decision accidentally causes harm to a patient. However, malpractice requires a deviation from reasonably accepted standards of care.
Filing a Medical Negligence Lawsuit in Georgia
Negligence is one of the most common reasons for personal injury claims.
To prove negligence, a victim must prove all four of the following elements:
- Duty of care
- Breach of duty
- Causation
- Damages
To prove negligence in Georgia, an injured party must demonstrate that the defendant owed a duty of care, breached that duty by failing to act reasonably, and caused injuries that resulted in actual damages. These principles apply broadly to personal injury cases.
When the alleged negligence involves a doctor, hospital, or other medical provider, the case is treated as medical malpractice, which has additional legal requirements. Under Georgia law, any plaintiff filing a medical malpractice lawsuit must include an affidavit from a qualified medical expert. This affidavit must identify at least one specific negligent act or omission by the healthcare provider and explain the factual basis for that opinion.
If the affidavit is not filed with the complaint or within any court-approved extension, the case may be dismissed. Given these strict procedural rules, consulting an experienced Georgia medical malpractice attorney is essential to ensure compliance and protect your right to compensation.
Types of Damages Available in Medical Malpractice Cases
Victims who suffer injuries from medical negligence or malpractice are generally entitled to recover both economic and non-economic damages. This means that they can recover compensation for both their financial losses as well as their pain and suffering.
Some common types of compensation available in these claims are:
- Prior medical bills
- The cost of medical treatments incurred because of the accident
- Lost wages
- Future lost earnings capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Diminished quality of life
Some states place a cap on non-economic damages in medical malpractice cases. However, Georgia places no cap on either economic or non-economic damages.
How Long Do I Have to File a Lawsuit in Georgia?
Most personal injury claims in Georgia have a two-year statute of limitations. This means that you must file a lawsuit within two years of the date of the accident. Medical malpractice claims generally follow this same two-year deadline. However, there are a few special cases that may have shorter or longer deadlines.
Failure to file a claim before the deadline can result in a loss of your right to recover any compensation for your injuries. It is always wise to consult with an experienced lawyer who can help you ensure that you do not miss your chance to get compensation.
Take Action to Protect Your Rights
Medical negligence and malpractice can have life-altering consequences. If you believe you’ve been harmed by a healthcare provider’s careless actions, you may have the right to pursue legal action.
However, Georgia law imposes strict requirements and deadlines on these claims. Don’t navigate this process alone—consulting an experienced medical malpractice attorney can help you understand your options, meet legal obligations, and fight for the compensation you deserve.
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