Georgia Medical Malpractice

Medical malpractice, commonly referred to as "med mal," in Georgia allows recovery for patients injured as a result of medical treatment. Injury or harm as a result of medical treatment may occur in a number of situations including:

• Failure to diagnose or misdiagnosis
• Error during surgery
• Injury as a result of improper hospital care
• Failure to treat or incorrect treatment.

In order to recover damages in a Georgia medical malpractice lawsuit, a plaintiff must demonstrate that the defendant healthcare professional committed "gross negligence or willful or wanton misconduct." This burden can be difficult to meet, so it is important that any Georgia patient considering a med mal suit consult a Georgia medical malpractice attorney prior to taking action.

Who May Commit Medical Malpractice in Georgia

A Georgia healthcare provider licensed under the laws of the state acting within their normal and standard duties may be liable for medical malpractice. This could include physicians, specialists, nurses, chiropractors, dentists, or any other medical individual. Additionally, any facility offering medical services such as a hospital or clinic may be held liable in the medical malpractice of their employees. For questions about who can be held liable in a particular medical malpractice case, consult a Georgia med mal lawyer prior to taking any action.

Georgia Medical Malpractice Statute of Limitations

Georgia medical malpractice law places a time limit in which a plaintiff must file a medical malpractice claim. The following time constraints must be followed:

• Two years from the date the injury is discovered or the patient dies
• No longer than five years after the act or omission which led to the harm suffered by the patient.
• If the injury is the result of a foreign object left in the patient’s body, the claim may be brought within one year of discovery of the object regardless of the time lapse between the act and the discovery

For questions about whether or not the statute of limitations has run on a specific injury, contact a Georgia medical malpractice lawyer for guidance.

Georgia medical malpractice law had set damage caps for non-economic damages such as pain and suffering, mental anguish, or physical disfigurement at $350,000 per defendant, and $1,050,000 total, however, in 2010 the Georgia Supreme Court found the damage limitations to be unconstitutional. Currently Georgia does not have a cap on medical malpractice damages, and plaintiffs should consult a Georgia med mal attorney prior to filing for any damages in Georgia.

How to File a Medical Malpractice Claim in Georgia

Georgia medical malpractice claims require plaintiffs to meet a fairly high burden of proof just to make sure the case is not dismissed. As observed earlier, a plaintiff mush show the defendants demonstrated "gross negligence or willful or wanton conduct." Meeting this standard requires a detailed argument, and a Georgia medical malpractice attorney is best equipped to offer this type of service.Additionally, a Georgia healthcare professional who is a defendant in a medical malpractice lawsuit will be prepared to counter a claim with a knowledgeable and experienced team of attorneys ready to offer a b defense against the claim. Any plaintiff who feels there is a legitimate basis for a medical malpractice claim should immediately contact a Georgia medical malpractice attorney prior to taking any action.

Official Annotated Code of Georgia

1. Who May Commit Medical Malpractice in Georgia
1. Official Code of Georgia Annotated § 51-1-29.1
2. Georgia Medical Malpractice Statute of Limitations
1. Official Code of Georgia Annotated §§ 9-3-71, 9-3-72
3. Damage Limitations on Georgia Medical Malpractice Claims
1. Official Code of Georgia Annotated § 51-13-1
4. How to File a Medical Malpractice Claim in Georgia
1. Official Code of Georgia Annotated § 51-1-29.1