Atlanta Medical Malpractice Lawyer

Determining whether you have a viable medical malpractice claim starts with speaking to an experienced Georgia attorney who can review your situation. The medical malpractice lawyers at The Moses Firm: Medical Malpractice Lawyers can assess your case during a free consultation and help you understand your legal options.

Several legal and practical considerations must be evaluated. Under Georgia law, a medical malpractice claim requires proof of four elements: 

• Duty of care: A healthcare provider must have been responsible for your medical treatment. This usually means a doctor-patient relationship existed, creating an obligation for the provider to deliver care that meets accepted medical standards.

• Breach of duty: The provider failed to meet those standards. This may involve an action—or inaction—that fell below what a reasonably competent doctor would have done.

• Causation: The breach must be directly connected to the harm you suffered. 

• Damages: You must have sustained real harm as a result of the negligence. This can include additional medical bills, disability, lost income, long-term complications, or emotional and physical pain.

An attorney can help determine whether the evidence supports these requirements.

If you suspect medical malpractice, take these steps to protect yourself.

Ask questions.
Speak with the doctors and nurses involved in your care. Ask what happened, why it happened, and whether it could have been prevented. Their explanations may help you understand the situation and identify potential concerns.

Take notes.
Write down who you spoke with, the date and time, and what they told you. These details are easy to forget and can become important later if questions arise about the care you received.

Document your injuries.
Take photos or videos of your condition, visible injuries, or anything unusual in the room. Clear documentation can help preserve evidence that may not be available later.

Obtain an autopsy, if applicable.
When an unexpected death occurs, an autopsy can provide crucial answers. It helps determine the cause of death and may counter unsupported explanations or excuses offered by the defendants.

Request the medical records.
Ask for a complete, certified, color PDF copy of the medical records. The electronic/PDF copy of the medical records from a hospital should only cost you around $6.50.

Consult an experienced medical malpractice lawyer with a proven track record.
Medical malpractice cases are complex, highly technical, and often strongly defended. Attorneys with specific medical malpractice experience can review the records, consult experts, and advise you on the strength of your potential claim. Many attorneys do not have the expertise or track record to handle these cases competently.

If you believe you or a family member is a victim of medical malpractice, it’s important to request the medical records as soon as possible. Many patients struggle to obtain their records because they either don’t know the correct process or encounter issues with the hospital or provider.

In order for a medical malpractice law firm in Georgia to properly evaluate your case, you should have a complete, certified, color, PDF copy of your medical records. This format ensures accuracy and preserves critical information such as timestamps, audit trails, and color-coded notations.

Federal law requires hospitals to provide records in the form and format you request, as long as it is readily producible. Under 45 C.F.R. § 164.524(c)(2)(i), providers “must provide the individual with access to the protected health information in the form and format requested.”

When submitting your request, clearly state that you are seeking a “complete, certified, color, PDF copy” of your medical record. You can copy and paste these specific instructions directly into your written request to avoid confusion or delays.

In Georgia, most medical malpractice lawsuits must be filed within two years of the date of the injury or death. This deadline is known as the statute of limitations and applies to the majority of claims.

Certain exceptions may extend or modify this timeframe. These include cases involving minors, foreign objects left in the body, or situations where the injury was not immediately discovered. However, Georgia also has a five-year statute of repose, which bars most claims from being filed more than five years after the negligent act.

Because these deadlines are strict, you should consult a medical malpractice attorney as soon as possible to preserve your rights.

In Georgia, victims of medical malpractice can seek compensation for both economic and non-economic damages.

Examples include: 

• Medical bills (past and future)
• Rehabilitation and therapy costs
• Lost wages
• Reduced earning capacity
• Household or care-related expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Every case is different, so it’s important to speak with an attorney who can evaluate your losses and explain the types of compensation that may apply to your situation.

Most medical malpractice lawyers in Georgia work on a contingency fee basis, which means you pay no upfront fees. Instead, our payment will be a percentage of the recovery, agreed upon in advance. We only get paid if we win your case through a settlement or verdict.

In addition to attorney’s fees, medical malpractice cases often involve separate costs for experts, medical records, depositions, and other litigation expenses. Our firm will front all of these costs. 

We can explain how fees and case-related expenses will be handled during your free initial consultation.

Medical malpractice cases take time because they require detailed investigation, expert review, and extensive preparation. In Georgia, most cases begin with collecting medical records and consulting specialists, followed by filing the lawsuit, discovery, and depositions. 

Many claims resolve through settlement, but others proceed to trial, which adds additional time. Depending on the complexity and the court’s schedule, a medical malpractice case can take 18 months to several years to conclude.

However, every case is different. Consult an attorney to discuss the specific facts of your situation and the timeline that may apply.

1. Waiting too long to investigate your case.

Georgia’s statute of limitations creates strict deadlines for filing a medical malpractice lawsuit. In most situations, you have two years from the date of the injury or death, with only limited exceptions. Delays can make it harder to preserve evidence and protect your rights.

2. Hiring a lawyer who is not experienced in handling medical malpractice cases. 

These cases require lawyers who understand complex medical issues, can challenge and debate doctors, and can recognize when defenses are unsupported by facts or science. A lawyer without this background may overlook key issues or fail to counter misleading arguments.

3. Hiring a lawyer who is unwilling to go to trial.

Many medical malpractice claims settle only when the defense knows the plaintiff’s attorney is fully prepared to try the case. If a lawyer is hesitant or unwilling to go to court, it can weaken your negotiating position and negatively affect the outcome of your claim.

4. Working with an out-of-state attorney.

Some lawyers from other states advertise for cases in Georgia, but medical malpractice laws vary widely across jurisdictions. Georgia has unique rules, deadlines, and procedural requirements. An attorney who regularly practices in Georgia will be best equipped to navigate these nuances.

5. Trying to handle the process alone.

Medical malpractice litigation involves detailed records, expert testimony, and complex legal standards. Defendants often raise arguments that are not grounded in fact or science. Because of these challenges, it is crucial to work with experienced medical malpractice attorneys who have a proven history of success.