FAQ, Medical Malpractice, Atlanta, Georgia

Frequently Asked Questions About Medical Malpractice Cases in and around Atlanta, Georgia

What is considered gross negligence in a medical malpractice case?

Gross negligence in a medical malpractice case refers to a severe deviation from the standard of care that a reasonable healthcare provider would follow. It involves reckless or intentional misconduct that demonstrates a complete disregard for patient safety and well-being.

How are medical malpractice awards determined?

Medical malpractice awards in Georgia are typically based on various factors, including the extent of the injuries, the impact on the patient’s life, economic losses incurred, and the degree of negligence by the healthcare provider. Courts consider these factors when determining the compensation to be awarded to the injured party.

What is the difference between an adverse outcome and medical malpractice?

An adverse outcome refers to an unfortunate effect of medical treatment that may not necessarily indicate malpractice. Medical malpractice, on the other hand, involves negligence or misconduct by a healthcare provider that leads to harm or injury to the patient due to a deviation from the standard of care.

What role does the medical community play in medical malpractice cases?

The medical community often plays a crucial role in medical malpractice cases by providing expert testimony, evaluating standards of care, and assisting in determining whether negligence occurred. Peer review and expert opinions from within the medical field can influence the resolution of such cases.

What is the Affidavit of Expert requirement?

In Georgia, filing a medical malpractice claim necessitates submitting an Affidavit of Expert, which is a sworn statement from a qualified medical expert affirming the validity of the case. This affidavit outlines the alleged malpractice, establishes the standard of care, and supports the legal claim.

Can a negative outcome alone be grounds for a medical malpractice case?

A negative outcome alone does not necessarily constitute medical malpractice in Georgia. To prove malpractice, it must be demonstrated that the healthcare provider’s actions deviated from the accepted standard of care, leading to the adverse outcome and causing harm to the patient.

How does gross negligence determine punitive damages?

Gross negligence can be a factor in the awarding of punitive damages in medical malpractice cases. Punitive damages punish the defendant for egregious conduct and deter similar behavior in the future. Gross negligence may lead to punitive damages being awarded in addition to compensatory damages.