If a healthcare provider causes you harm through substandard treatment, Georgia law gives you the right to pursue compensation from them. Medical malpractice lawsuits are more complex than standard personal injury claims because they involve stricter rules and unique procedural requirements that can be difficult to navigate if you don’t know what to expect.
Keep reading to learn about how Georgia’s medical malpractice laws work and what steps you should take to protect your claim. If you’re ready to get started with your case, reach out to a medical malpractice lawyer for a free consultation.
Proving Medical Malpractice in Georgia
Not every bad medical outcome amounts to malpractice.
To have a valid claim under Georgia law, you need to prove four things:
- A doctor-patient relationship existed
- The provider failed to meet the accepted standard of care
- That failure directly caused your injury
- You suffered actual damages as a result
The standard of care is key here. It refers to the level of treatment a reasonably competent healthcare professional in the same specialty would have provided under similar circumstances. Falling short of that standard is what separates malpractice from an unfortunate but unavoidable outcome.
Georgia’s Expert Affidavit Requirement
One rule that catches many people off guard is Georgia’s expert affidavit requirement. Under O.C.G.A. § 9-11-9.1, you must file a sworn affidavit from a qualified medical expert at the same time you file your lawsuit. This affidavit needs to identify at least one negligent act or omission by the healthcare provider, along with the factual basis for that opinion.
In most cases, failing to file the required affidavit can result in dismissal of your lawsuit. The expert must also practice in the same or a closely related specialty as the provider you’re suing.
How Much Time Do I Have to File My Medical Malpractice Lawsuit?
Georgia gives you two years from the date of your injury to file a medical malpractice lawsuit under state law in most cases. Unlike many other states, Georgia generally starts this statute of limitations clock on the date the malpractice occurred rather than when you discovered the injury.
There is also a five-year statute of repose. No lawsuit can be filed more than five years after the negligent act, regardless of when you learned about it. The only notable exception involves foreign objects left inside the body during surgery.
What Damages Can I Recover in a Georgia Medical Malpractice Claim?
Georgia allows you to pursue both economic and non-economic damages in a medical malpractice case.
Economic damages cover your measurable financial losses:
- Medical bills
- Future treatment costs
- Lost wages and reduced earning capacity
- Rehabilitation and therapy expenses
- Out-of-pocket costs
Non-economic damages address the less tangible impact on your life:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Loss of companionship
Punitive damages are only awarded in limited circumstances involving particularly egregious conduct and generally must be decided at trial.
Contact the Atlanta Medical Malpractice Attorneys at The Moses Firm: Medical Malpractice Lawyers for Help Today
If you believe a healthcare provider’s negligence caused you to suffer an injury, don’t wait to explore your legal options. Georgia’s filing deadlines are strict, and the expert affidavit requirement takes time to prepare properly.
At The Moses Firm: Medical Malpractice Lawyers, our Atlanta medical malpractice lawyers can help you pursue the compensation you deserve. We work on contingency, which means you only pay attorney’s fees if your claim is successful. Contact us today to schedule a free consultation with an Atlanta medical malpractice lawyer.
We proudly represent injury victims across Fulton County, including Atlanta and surrounding communities in Georgia.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550