Georgia Medical Malpractice Laws: An In-Depth Overview

Comprehensive Guidance on Georgia’s Medical Malpractice Laws and Claims with Dressie Law Firm

It is important to speak with a lawyer if you suspect medical malpractice. Let the Dressie Law Firm guide you through Georgia’s medical malpractice laws. Call us. webp to jpg (3) gif maker
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Understanding Medical Malpractice Claims in Georgia

Medical professionals are widely recognized for their meticulous and caring nature, qualities indispensable in meeting the demands of their profession. Nonetheless, even the most skilled physicians can make mistakes that, regrettably, may harm a patient.

If you suffered an injury due to your healthcare provider’s negligence, you have the right to seek compensation under Georgia law. You can file a claim with the healthcare provider’s insurance carrier or take your case to court.

The best course of action depends on your case, evidence, and time left before the statute of limitations expires for you. This is why consulting an attorney is indispensable. They will guide you through Georgia’s medical malpractice laws and processes and handle the hard work on your behalf.

Consider reaching out to our dedicated team at Dressie Law Firm for professional help with your medical malpractice claim. We have handled medical malpractice lawsuits and consistently achieved positive results.

    Georgia Medical Malpractice Laws

    What Is Medical Malpractice?

    A medical malpractice action is any claim seeking compensation for damages sustained by a patient during a medical procedure due to a negligent medical professional or institution. Medical negligence can occur at any stage during medical treatment in a public or private hospital, nursing home, or clinic. Therefore, you can file a medical malpractice lawsuit if you sustained an injury due to negligence during diagnosis, treatment, surgery, prescription, or aftercare.

    What Is the Statute of Limitations for Georgia Medical Malpractice Cases?

    Under the medical malpractice statute of limitations, OCGA §9-3-71, victims must file their lawsuits within two years from the date when the negligent or wrongful act occurred or was discovered. Exceptions apply to minors under the age of five and people with mental incapacity or illness. Cases involving medical devices left in patients have a one-year statute of limitations after the discovery of such device in the body.

    Your attorney will determine the time limit that applies to your case and ensure you file within time.

    Modified Comparative Fault: How Are Damages Calculated?

    In personal injury cases, Georgia applies the modified comparative fault rule to determine liability and compensation.

    In this system, the compensation of a plaintiff, the medical malpractice victim bringing the lawsuit, is modified based on their percentage of fault for the injury. Georgia follows a modified comparative negligence rule with a 50% bar. This means that a plaintiff can recover damages only if their fault is determined to be 49% or less. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages.

    What Injuries are Considered Medical Malpractice?

    Medical malpractice refers to professional negligence by a healthcare provider that leads to substandard treatment and results in injury or harm to the patient. The most common types of medical malpractice often include:

    • Misdiagnosis or delayed diagnosis

    • Surgical errors

    • Medication errors

    • Birth injuries

    • Anesthesia errors

    • Failure to obtain informed consent

    • Hospital-acquired infections

    • Nursing home neglect or abuse

    • Failure to monitor or treat

    • Radiology errors

    If you’ve been a victim of any of these forms of medical malpractice, reach out to our experienced Atlanta medical malpractice attorney for immediate assistance and support.

    Establishing Liability in Medical Malpractice Cases

    Understanding the intricate process of establishing liability in medical malpractice cases is crucial. In Georgia, proving medical malpractice involves the following key steps:

    Step 1: Establishing duty of care

    To prove medical malpractice, you must show that the medical professional owed you a duty of care. You can establish this by proving your doctor-patient relationship through medical records, bills, or other pertinent documentation. Generally, doctors, nurses, and medical staff always owe their patients a duty of care.

    Step 2: Establishing a breach of duty of care

    You must show that the healthcare provider breached their duty of care by providing a substandard treatment than reasonably expected in similar circumstances. You can establish this breach through an expert affidavit by a competent medical practitioner detailing how your healthcare provider deviated from the standard of care.

    Step 4: Proving causation

    You must prove that the medical professional’s actions (or lack thereof) directly caused your injury. You may need to provide your detailed medical history, medical records, expert opinions, and witness testimonies to be able to establish this crucial element.

    Step 5: Proving damages

    Finally, you must show that you sustained actual injury or harm as a result of the medical malpractice. If no injuries were sustained, you cannot bring a claim against the healthcare provider. You can prove your damages through medical records, medical bills, witness testimonies, and expert opinions from psychologists or other healthcare providers.

    If you find yourself navigating the complexities of a potential medical malpractice case, our seasoned team at the Dressie Law Firm is here to offer the guidance and support you need.

    How Much Compensation Can You Recover in a Medical malpractice lawsuit?

    In Georgia, medical malpractice damages are not capped. Therefore, there’s no limit on how much compensation you can recover. You can seek the actual damages, also known as compensatory damages, that are equivalent to your economic and non-economic damages.

    When it comes to punitive damages, Georgia law imposes a limit of $250,000. These damages are rarely awarded in medical malpractice cases, as they are intended to punish defendants who engage in particularly egregious or malicious acts.

    Start Your Recovery With Dressie Law Firm

    At Dressie Law Firm, we understand the devastating effects a medical malpractice case can have on the victims and their loved ones. The last thing you want is to decipher laws or deal with the at-fault party’s attorneys and insurance company.

    Let us help you! We can file your claim on time, unearth crucial and favorable evidence, and prepare a solid case, whether for your insurance claim or court lawsuit. We have handled countless personal injury cases in Georgia, recovering more than $30,000,000 in damages for our clients.

    If you want legal counsel you can truly rely on, reach out to Dressie Law Firm. With a team of 24 compassionate and dedicated personal injury professionals and over 20 years of experience, you know your claim will be in the right hands.

    Contact us today for a free case evaluation by an experienced medical malpractice attorney.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!