When you go to the hospital or your doctor, you expect them to treat your condition and help you recover. You don’t expect them to treat you unethically or cause you harm.
If a hospital or doctor caused your injuries, you have certain rights. You may be entitled to recover compensation for damages by filing a medical malpractice lawsuit. You can also file a complaint against a doctor or hospital within the state.
How to Report a Doctor for Malpractice in Georgia
The Georgia Composite Medical Board (GCMB) is the state agency that oversees doctors. You can report a doctor to the GCMB for conduct including:
- Unethical or unprofessional conduct
- Substandard medical care
- Sexual assault and other forms of sexual misconduct
- Prescribing the incorrect medication or excessively prescribing medication that is not needed
- Delayed diagnosis and misdiagnosis
- Other medical errors and mistakes
Anyone can report a doctor to the GCMB. You can file an online complaint through the GCMB website or submit a written complaint by mail.
When a complaint is filed against a doctor, the GCMB investigates the claim. If it finds that the doctor violated the patient’s rights, ethics, or the standard of care, the Board may take disciplinary action. It could issue fines, place the doctor on probation, or suspend/revoke the doctor’s medical license.
How to Report a Hospital for Malpractice in Georgia
The Healthcare Facility Regulation Division (HFRD) of the Georgia Department of Community Health oversees hospitals within the state. Hospitals have a duty to provide quality care for patients.
If you receive substandard care or have a complaint about a hospital, you can report the hospital by accessing the complaint form on the HFRD website. When filing the complaint, you must explain the reason for reporting to the hospital. You must describe the hospital’s misconduct, including when it occurred.
The HFRD investigates complaints against the hospital. It may take one or more actions if it finds misconduct or substandard care at the facility.
Filing a Medical Malpractice Lawsuit in Atlanta, GA
In addition to reporting a doctor or hospital to the state, you can also pursue a medical malpractice lawsuit. Under Georgia malpractice laws, patients may receive compensation for damages when they are injured or harmed when a medical provider deviates from the established standard of care.
Examples of negligence and mistakes that could lead to a medical malpractice lawsuit include, but are not limited to:
- Surgical errors
- Misdiagnosis
- Birth injuries
- Medication errors
- Anesthesia errors
- Failure to obtain informed consent
- Emergency room errors
- Failure to order diagnostic tests
- Using defective medical devices
- Failure to monitor and/or follow up with a patient
Medical malpractice occurs for many reasons. Patients can suffer catastrophic injuries, permanent impairments, and death because of negligence and other wrongdoing.
When you file a medical malpractice lawsuit, you must submit an affidavit from a medical expert certifying your claim has a factual basis. The court may dismiss your case if you do not submit the affidavit. An experienced Atlanta medical malpractice lawyer can help you obtain the necessary affidavit.
How Do I Prove a Doctor or Hospital Committed Medical Malpractice?
The injured party has the burden of proving the legal elements required for malpractice claims. Those elements are:
- Duty – The hospital or doctor owed you a legal duty of care. All medical providers have a duty of care to their patients.
- Breach of Duty – Medical providers breach their duty of care when they deviate from the accepted medical standard of care. You must establish the standard of care in your case and how the doctor or hospital deviated from that standard.
- Causation – Deviating from the standard of care is a breach of duty. However, you must prove that the deviation was the cause of your injuries. In other words, you must link the provider’s wrongful acts or omissions to the cause of your injuries or harm.
- Damages – You must establish that you incurred damages because of the malpractice.
The medical standard of care may differ from case to case. Medical experts can review the facts of your case to determine the generally accepted practices that should have been used in your situation. They can also determine how the provider’s actions deviated from the acceptable standard of care.
What Damages Can I Receive for a Georgia Medical Malpractice Claim?
Injured parties may seek compensation for their economic and non-economic damages in a medical malpractice lawsuit. The damages depend on the facts of the case, including the type and severity of your injuries.
Examples of damages for medical malpractice include:
- Emotional distress and mental anguish
- The cost of past and future medical treatment and care
- Pain and suffering
- Rehabilitative therapies and treatment
- Impairments and disabilities
- Lost wages and benefits
- Diminished quality of life
- Out-of-pocket expenses
- Scarring and disfigurement
- Loss of enjoyment of life
- The cost of long-term personal and/or nursing care
- Decreased future earning capacity
The amount you receive for damages depends on the factors involved in your case. A victim’s injuries can significantly impact how much a case is worth. The more severe the injuries, the more damages incurred.
What Is the Deadline to File a Medical Malpractice Claim Against a Doctor or Hospital?
Georgia has a two-year statute of limitations from the accident date for medical malpractice lawsuits. However, exceptions to the statute of limitations and specific factors in your case could change the deadline.
Sometimes, people may not realize they were injured until they begin having symptoms. Therefore, the deadline to file a claim in those cases is two years from when the person discovered the injury or should have reasonably discovered the injury.
Even if you do not discover the malpractice right away, the state imposes a maximum of five years from the date of the malpractice to file a lawsuit. Yet, there is an exception to this rule. If you discover a foreign object was left in your body, you have one year from the date you discover the object to file a lawsuit.
Because medical malpractice claims are complex, it is best to seek legal advice as soon as possible to avoid missing a filing deadline.
Get More Information About Reporting a Doctor or Hospital for Medical Malpractice
Our Atlanta medical malpractice attorneys at Malone Law Medical Malpractice and Severe Injury Lawyers can help you pursue damages if a doctor or hospital causes you injury. Contact our office to schedule a free consultation at (770) 390-7550 to discuss your legal options.