How do I sue for medical malpractice in Georgia?

Suing for medical malpractice in Georgia

Suing for medical malpractice in Georgia is difficult and challenging. Physicians and doctors win 80% to 90% of medical malpractice cases, according to a 2008 study entitled “Twenty Years of Evidence on the Outcomes of Malpractice Claims” and published in Clinical Orthopaedics and Related Research. The Journal of the American Medical Association (“JAMA”) also reports that physician win about 80 percent of medical malpractice cases decided juries. This demonstrates how difficult it is to win a medical malpractice case in the United States.

There are many hurdles to pursuing and winning a medical malpractice case in Georgia.

1. Sue the Right Defendants

First and foremost, you must file against the case against the right defendants. There are many legal, practical, and strategic decisions in deciding who to sue for medical malpractice in Georgia.

2. Choose the Right Venue

You should file the medical malpractice case in the correct venue. This means you must file the case in the correct court and county. In Georgia, the correct venue is usually where one of the Defendants resides or where a Defendant corporation has a registered agent. There are other options. An experienced medical malpractice lawyer can help you determine the best legal venue for your case.

3. File a Legally Sufficient Expert Affidavit

Georgia law O.C.G.A. § 9-11-9.1 requires a plaintiff to file an expert affidavit. An affidavit is a sworn statement signed under oath. A competent expert must sign the affidavit. According to Georgia law, the expert must perform the procedure; diagnose the condition; or render the treatment that is alleged to have been performed negligently must sign the affidavit. Georgia law in O.C.G.A. § 24-7-702 sets forth these requirements. The expert must also satisfy this criteria for the three out of the five years before the alleged negligent act or omission.

There are pitfalls in filing a medical malpractice case. It is common for non-lawyers and even lawyers who “dabble” and do not specialize in handling medical malpractice cases to make mistakes. Some of the common mistakes is to fail to file an expert affidavit with the complaint; fail to get the affidavit from a legally qualified expert; fail to set forth one negligent act or omission in the affidavit; or fail to include in the affidavit the factual basis that supports the allegation of negligence.

4. File on Time in Georgia

It is critical to file a medical malpractice case in Georgia on time, that is, within the statute of limitations.

Given the number of pitfalls, you should hire an experienced medical malpractice lawyer in Georgia who has the expertise to properly handle your case and avoid mistakes that can harm your medical malpractice case. If you or a family member have been a victim of medical malpractice, contact The Moses Firm for a free consultation. The Atlanta medical malpractice lawyers at The Moses Firm have the specialized experience to help you with your medical malpractice case.