Medical malpractice lawsuits are not like “regular” injury cases. Proving medical negligence is challenging enough, but Georgia has unique rules to follow to even file your case. Here are the basic steps you need to take to sue a healthcare provider in Georgia.
1. Consult With an Attorney To Confirm You Have a Valid Medical Malpractice Case
The first step to filing a lawsuit is making sure you have a valid case. Medical malpractice cases are complex and require proving:
- Duty of care: There was a doctor-patient relationship
- Breach of duty: The provider breached their duty by failing to meet the accepted standard of care
- Causation: This failure directly caused your injury
- Damages: You suffered damages as a result
Not all mistakes by a provider rise to the level of malpractice. Honest mistakes or reasonable judgment errors are typically not considered malpractice. The provider’s actions or failures must fall below the accepted professional standard.
Even if the provider was negligent, it must have resulted in actual harm. A poor outcome or known complication may not support a medical malpractice claim.
2. Verify the Deadline That Applies to Your Case
Deadlines in medical malpractice cases are particularly tricky. There are two deadlines that apply to your case: a statute of limitations and a statute of repose.
As a general rule, you must file your lawsuit within two years of the date you were injured or when the malpractice occurred. Unlike many states with a discovery rule, Georgia law generally does not delay the start of the clock even if the harm wasn’t obvious right away.
The statute of repose bars lawsuits more than five years after the date of the negligent action or omission, no matter when it was discovered.
The main exception to these deadlines is when a “foreign object” like a surgical sponge or instrument is left in a patient. These lawsuits must be filed within one year of discovery. Special deadlines also apply to children.
3. Gather Evidence and Medical Records
Once you know you have a case that’s still within the statute of limitations, your attorney will help you gather the evidence needed to prove your case. You can help by collecting medical records and bills and writing a timeline of everything you can remember. Do your best to document and track visits, tests, procedures, treatment decisions, and symptoms.
4. Get the Required Expert Affidavit
Georgia has a special rule for medical malpractice cases. The complaint or lawsuit must be filed with an affidavit from a qualified medical expert who is competent to testify. The affidavit is a sworn medical opinion that the defendant committed at least one negligent act, and it must include a factual basis.
Your lawsuit cannot proceed without this affidavit. If you file a complaint without the expert affidavit, the court will likely dismiss your lawsuit.
5. File the Lawsuit and Name the Right Defendants
Once you have the expert affidavit, the lawsuit is filed and served on each defendant. Depending on the facts, defendants may include an individual provider like an orthopedic surgeon, a hospital or facility, and/or a medical group or employer.
In Georgia, liability can be shared by multiple people or entities. Each party’s share of fault is determined through expert testimony, examination of medical records, and other evidence.
Next Steps
After the defendants respond, your case moves into the pre-trial phase, which can last 18 months or longer. During this time, your attorney continues investigating and gathering evidence through discovery, where both sides exchange information. This may include:
- Depositions
- Written interrogatories
- Requests for documents (such as medical records and facility policies)
- Subpoenas for non-parties
- Independent medical evaluations.
Settlement negotiations often continue throughout this stage. While your attorney works to secure a fair settlement, they will also prepare your case for trial. Most medical malpractice cases are resolved before reaching trial.
If a settlement can’t be reached, your case will continue to trial. A jury will hear arguments and consider evidence from both sides before deciding liability and damages.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers To Schedule a Free Case Review With an Atlanta Medical Malpractice Attorney
If you believe you were harmed by a medical provider’s negligence, you do not have to navigate Georgia’s complex malpractice laws alone. These cases require strict compliance with filing deadlines, detailed evidence, and a qualified expert affidavit just to move forward.
For help, contact Malone Law Medical Malpractice and Severe Injury Lawyers today to schedule a free case review with an experienced Atlanta medical malpractice attorney.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346