If you’ve been injured due to medical negligence in Marietta, GA, you need a trusted Marietta medical malpractice lawyer to fight on your behalf. At The Moses Firm, our experienced personal injury and medical malpractice attorneys have secured millions in compensation, including a $9 million jury verdict in Fulton County. We serve clients near Marietta Square and Wellstar Kennestone Hospital, offering compassionate, expert representation. Don’t wait—Georgia’s statute of limitations is only two years. For more information on how our dedicated team can support you during this difficult period, reach out to us today at (404) 721-1050 for a free consultation.
What Is Medical Malpractice in Georgia?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the accepted standard of care, resulting in harm to a patient. Under Georgia law, providers can be held liable for negligence. Common examples include:
- Misdiagnosis or Delayed Diagnosis: Failing to identify conditions like cancer, heart disease, or stroke, delaying critical treatment.
- Surgical Errors: Mistakes such as operating on the wrong site, leaving instruments inside patients, or causing unintended damage.
- Birth Injuries: Harm to a baby or mother during delivery, such as cerebral palsy, Erb’s palsy, or maternal injuries.
- Medication Errors: Prescribing incorrect medications or dosages, leading to adverse reactions or complications.
- Anesthesia Mistakes: Administering incorrect doses or failing to monitor patients properly during surgery.
In 2016, a Johns Hopkins study estimated that medical errors cause over 250,000 deaths annually in the U.S., making them the third leading cause of death. If you’ve suffered at the hands of negligence or medical errors, our Marietta medical malpractice lawyers can help you seek compensation for medical bills, lost wages, pain and suffering, and more.
Contact us at (404) 721-1050 for a free, no-obligation case evaluation with our top-rated attorneys. Our team will carefully review your medical records, consult with trusted experts, and determine whether your provider’s actions violated Georgia’s standard of care. We understand how overwhelming this time can be, especially when facing physical, emotional, and financial stress. That’s why we handle every detail of your case—from investigation to litigation—so you can focus on healing. Let our experienced medical malpractice attorneys fight for the justice and compensation you and your family deserve.
Why Choose The Moses Firm?
At The Moses Firm, we’re committed to serving Marietta and Cobb County residents with unmatched legal expertise. Here’s why we stand out:
- Proven Success: Secured millions in verdicts and settlements, including a $9 million jury award in a Fulton County malpractice case.
- Recognized Excellence: Our attorneys, including Moses Kim, are named among Georgia’s Legal Elite and Super Lawyers.
- Local Expertise: We understand Marietta’s medical and legal landscape, serving clients near Marietta Square, Kennesaw, and Wellstar Kennestone Hospital.
- Client-First Approach: We offer free consultations, work on a contingency fee basis (no fees unless we win), and provide personalized support.
- Community Commitment: We’re proud to support Marietta’s community, from sponsoring local events to advocating for patient rights.
See our client testimonials to hear from families we’ve helped in Cobb County and see how our unwavering dedication, local expertise, and passion for justice has helped our clients for over 60 years.
Common Types of Medical Malpractice Cases in Marietta
Marietta, home to Wellstar Kennestone Hospital and other prominent medical facilities, sees a range of malpractice cases at any given time. With Georgia’s statute of limitations for medical malpractice being only two years, time is critical to investigating and pursuing these claims. Our Marietta medical malpractice lawyer has extensive experience handling complex cases, including:
Medication and Anesthesia Errors
Anesthesiologists and other healthcare professionals are responsible for ensuring patients safety during and after surgeries and medical procedures. Errors like incorrect prescriptions, improper dosages, or anesthesia mismanagement can lead to severe complications, including organ failure, brain injuries, or death. We thoroughly investigate these cases to hold negligent providers accountable.
Birth Injuries
Medical malpractice often occurs during labor and delivery, especially when labor is induced with medications like “Pitocin” or “Oxytocin” to speed up delivery. Incorrect use or poor monitoring of these medications can cause serious harm, such as reduced blood flow to the baby, leading to permanent brain damage or death. Other common types of negligence include improper use of forceps or failure to monitor fetal distress which can cause lifelong disabilities such as cerebral palsy or Erb’s palsy. In these situations, it’s crucial to seek help from a skilled medical malpractice lawyer who specializes in birth injury cases.
Misdiagnosis, a Missed Diagnosis, or a Delayed Diagnosis
Medical malpractice can occur when urgent medical conditions are not diagnosed and treated promptly. Patients with common symptoms of serious conditions like heart attacks, strokes, cancers, or infections might be sent home without treatment if healthcare providers fail to recognize the signs. Timely diagnosis and treatment are vital to prevent permanent harm or death. Our Marietta medical malpractice lawyers work with medical experts to prove negligence and secure justice.
Hospital Negligence
Hospitals in Marietta can be liable for understaffing, inadequate training, or failure to follow protocols. Our attorneys have a deep understanding of the local hospital systems and know what questions to ask, what avenues to investigate, and who to hold accountable in Georgia medical negligence cases.
Surgical Mistakes
Surgical errors, such as operating on the wrong body part, leaving surgical tools inside patients, performing unnecessary surgeries, or damaging vital organs, can have life-altering or fatal consequences. Surgeons must anticipate potential complications and avoid preventable mistakes to protect patients’ well-being. Our firm has successfully represented clients harmed by surgical negligence, including a $4 million settlement for a Cobb County patient.
Skilled Medical Malpractice Lawyers Serving Marietta, GA
Do I Have a Medical Malpractice Case?
Determining whether you have a valid medical malpractice case depends on a number of legal and medical factors unique to your situation. Consulting with a qualified Marietta medical malpractice attorney is the most effective way to evaluate the strength of your potential claim.
Assessing a malpractice case typically involves reviewing your medical records and, when necessary, consulting with independent medical experts who can identify any deviations from the accepted standard of care. At The Moses Firm, we provide free consultations and can arrange expert reviews at no upfront cost to you.
Under Georgia law, proving medical malpractice requires establishing several key elements: a duty of care owed by the provider, a breach of that duty, a causal link between the provider’s negligence and your injuries, and the resulting damages—such as medical expenses, lost income, or pain and suffering. See below for further explanation of these key elements:
DUTY
Establishing duty means demonstrating that the healthcare provider was obligated to uphold a standard of care appropriate to the situation. This standard is typically defined with the help of expert witnesses—often licensed medical professionals—who explain what a reasonably competent provider would have done under similar circumstances.
BREACH OF DUTY
A breach of duty occurs when a healthcare provider’s actions fall short of what a reasonably competent provider would have done in the same circumstances. However, demonstrating a breach is only part of the equation—it’s also necessary to prove causation, meaning the provider’s failure directly caused the patient’s injury.
CAUSATION
In a medical malpractice case, causation must be shown by a preponderance of the evidence—meaning it’s more likely than not that the provider’s negligence caused the injury. Plaintiffs must also establish damages, which can include both economic and non-economic losses, often involving serious or long-term harm.
DAMAGES
To bring a successful medical malpractice claim, the plaintiff must have experienced a real, measurable injury. These cases often involve catastrophic or life-altering harm, such as brain damage, paralysis, amputation, or wrongful death. In Georgia, damages are divided into two main categories: economic and non-economic. Economic damages may include medical bills, lost income (both current and future), and funeral costs. Non-economic damages cover pain and suffering, permanent disability, disfigurement, and diminished quality of life.
Steps to File a Medical Malpractice Claim in Marietta
Filing a medical malpractice claim in Georgia is complex, but our Marietta medical malpractice attorneys guide you through every step:
- Consult a Lawyer: Meet with our team for a free evaluation to determine if you have a valid claim.
- Gather Evidence: Collect medical records, bills, and documentation of your injuries and losses.
- Obtain Expert Testimony: Georgia law requires an affidavit from a medical expert to validate your claim. We work with top experts to strengthen your case.
- File the Lawsuit: Submit your claim within the two-year statute of limitations to avoid losing your right to compensation.
- Negotiate or Litigate: We negotiate with insurance companies for a fair settlement or take your case to trial for maximum compensation.
Contact The Moses Firm Today
Whether you’re in Marietta, Kennesaw, or near Cobb County’s Wellstar Kennestone Hospital, our Marietta medical malpractice lawyer is here to help. With a commitment to our community and a track record of multimillion-dollar verdicts, we fight for the compensation you deserve. Contact us today for a free, no-obligation consultation and speak to one of our knowledgeable and compassionate attorneys who can help guide you through this overwhelming time. There are no fees unless we win your case— help is available.