Medical malpractice occurs when a healthcare provider’s negligence leads to patient harm. In Georgia, proving a malpractice claim requires meeting specific legal standards. This guide explains what qualifies as medical malpractice under Georgia law, including key legal elements and real-life examples.
Understanding Medical Malpractice in Georgia
Medical malpractice refers to situations where a doctor, nurse, or other healthcare professional provides substandard care that results in injury or death. Georgia law recognizes medical malpractice when a provider:
- Fails to provide the appropriate standard of care
- Commits a negligent act or omission
- Causes harm or injury to the patient as a direct result
Legal Elements of Medical Malpractice
To succeed in a medical malpractice lawsuit in Georgia, a plaintiff must prove the following four elements:
1. Duty of Care
The healthcare provider must have had a professional duty to treat the patient according to accepted medical standards.
2. Breach of Duty
The provider must have failed to meet the standard of care, meaning they acted negligently or made an error that a competent professional would not have made.
3. Causation
The provider’s negligence must be the direct cause of the patient’s injury. This can be one of the most challenging aspects to prove in court.
4. Damages
The patient must have suffered harm due to the provider’s negligence, such as physical injury, financial loss, or emotional distress.
Real-Life Examples of Medical Malpractice
Understanding medical malpractice is easier with real-world examples. Below are some common types of malpractice cases in Georgia:
Misdiagnosis or Delayed Diagnosis
Example: A doctor fails to diagnose a patient’s cancer despite clear symptoms, leading to delayed treatment and worsened prognosis.
Surgical Errors
Example: A surgeon performs a procedure on the wrong body part or leaves a surgical instrument inside a patient’s body.
Medication Mistakes
Example: A pharmacist dispenses the wrong medication, causing a severe allergic reaction or other harmful side effects.
Birth Injuries
Example: A doctor fails to perform a necessary C-section, leading to oxygen deprivation and permanent brain damage in a newborn.
Anesthesia Errors
Example: An anesthesiologist administers too much anesthesia, causing brain damage or even death.
Georgia’s Statute of Limitations for Medical Malpractice
In Georgia, medical malpractice claims must be filed within a specific timeframe:
- Generally, two years from the date of injury.
- For cases involving foreign objects left in the body, victims have up to one year from discovery.
- The statute of repose prevents claims from being filed more than five years after the malpractice occurred, regardless of discovery.
How to Determine If You Have a Medical Malpractice Case
If you suspect medical malpractice, consider the following steps:
- Obtain copies of your medical records.
- Seek a second medical opinion to assess potential errors.
- Consult with an experienced medical malpractice attorney to evaluate your case.
- Gather evidence, such as witness testimony or expert medical opinions.
Contact an Atlanta Medical Malpractice Lawyer
If you or a loved one has suffered due to medical negligence, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. At The Moses Law Firm, we have the expertise to fight for your rights and ensure justice is served.
Contact us today for a free consultation.