Medical Malpractice Attorneys in Atlanta, Georgia
We trust a health care professional to abide by the Hippocratic Oath, administer appropriate treatment, and care for us with the utmost precision and diligence. When a medical error leads to a personal injury that upends your life, it feels like a betrayal. If only your healthcare practitioner had fulfilled their duty of care, you would not be in this difficult position, experiencing pain and suffering, dealing with a hostile insurance company, and wondering if you have grounds for a medical malpractice lawsuit.
While the bond of trust has been broken, you have suffered damages affecting you physically and emotionally. If these medical errors have also left you unable to work, you may be struggling to survive on a limited income.
At Greathouse Trial Law, we understand the hardships victims of medical malpractice face. We have a track record of negotiating with insurance companies and taking cases to trial, if necessary, to serve our clients' best interests and pursue fair compensation. A law firm may claim to handle medical malpractice lawsuits, but not all law firms have skilled trial lawyers with a wealth of knowledge and experience pursuing personal injury cases in the courtroom when settlements cannot be reached.
Our attorneys know the tactics insurance companies employ to pay out as little as possible. Let us handle the legal aspects of your case while you focus on your recovery. Contact us at (678) 310-2827 to schedule your free consultation.
Key Takeaways About Medical Malpractice Cases in and around Atlanta, Georgia
- Medical Negligence Claims versus Medical Malpractice Claims: In Georgia, medical negligence involves a failure to meet a standard of care, while medical malpractice occurs when this negligence causes harm to the patient, leading to a legal claim against the healthcare professional.
- Affidavit of Expert Requirement: Filing a medical malpractice claim in Georgia requires submitting an Affidavit of Expert, a sworn statement from a qualified medical expert certifying the merit of the case and outlining the alleged malpractice.
- Georgia Statute of Limitations: Georgia imposes a statute of limitations of two years from the date of the injury for filing a medical malpractice lawsuit. Adhering to this timeframe to preserve the right to seek legal recourse is crucial.
- Wrongful Death Cases: In instances of wrongful death due to medical malpractice in Georgia, the family or estate of the deceased may pursue compensation through a wrongful death claim. This claim can seek damages for losses suffered due to the malpractice leading to the death.
- Role of Expert Witnesses: Expert witnesses in the medical field play a vital role in Georgia medical malpractice cases by providing essential insights and testimony to support legal proceedings. Their expertise helps in establishing the standard of care, determining negligence, and evaluating the damages incurred.
What is Considered Medical Malpractice?
Medical malpractice refers to situations where a healthcare professional's treatment deviates from the accepted medical standard of care, causing serious harm or injury to a patient. In Georgia, several crucial factors contribute to establishing a case of medical malpractice.
1. Breach of Standard of Care
Medical professionals are expected to adhere to an established standard of care applicable to their specialty or field. Deviating from this standard in a way that another competent provider would not under similar circumstances may constitute medical malpractice.
2. Professional Negligence or Error
Medical malpractice can occur due to negligence, failure to diagnose or errors in diagnosis, a medical error in treatment or surgical procedures, medication errors, or failure to properly communicate risks and options to the patient.
3. Harm or Injury due to Negligence
The patient must have suffered harm, injury, or adverse outcomes directly linked to the healthcare practitioner's negligence or deviation from the standard of care. This harm can encompass bodily injury, emotional distress, or financial hardship.
4. Causation
There must be a direct causal link between the healthcare practitioner's breach of the standard of care and the harm suffered by the patient. It must be proven that the provider's actions or omissions directly led to the injury or the patient's death.
5. Documentation and Evidence
As an experienced medical malpractice attorney can attest, keeping detailed medical records of treatments, procedures, prescriptions, and interactions with healthcare providers helps to build a robust case of medical malpractice. Documentation serves as evidence to support your claim.
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- Free Consultation – Tell Us What Happened & See If You Have A Case And What It Might Be Worth. We do consultations by phone and virtually.
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- No Case Is Too Difficult or Complex – This is where tenacity and knowledge of the law matters. We do what is necessary even in difficult cases.
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- Atlanta & All Georgia – Our office is in Atlanta but we accept cases everywhere in Georgia.
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What is the Standard of Care in Medical Malpractice Lawsuits?
In Georgia, the standard of care in medical malpractice lawsuits refers to the level and type of medical care that a reasonably competent and prudent doctor would provide under similar circumstances. This standard determines whether a healthcare provider has met the expected level of care when treating a patient.
According to Georgia law, in medical malpractice claims, involved parties must consider the standard of care and skill fixed by the statute when evaluating the facts and circumstances of a particular medical malpractice case.
To establish a medical malpractice claim in Georgia, an injured patient must prove that the medical provider failed to meet this standard of care. This effort involves demonstrating that the care the healthcare professional offered the patient deviated from accepted medical standards and fell below what a competent healthcare provider would have offered in the same situation. A successful medical malpractice lawsuit hinges on showing that the defendant's actions fell short of meeting the patient's standard of care, leading to harm or injury.
Does Georgia Impose a Limit on Damages Awarded to Plaintiffs in Medical Malpractice Cases?
Georgia does not place a limit on the damages that may be awarded to plaintiffs in medical malpractice cases, meaning potential compensation for damages due to medical negligence is not restricted by a predetermined cap.
While there used to be a cap on non-economic damages in medical malpractice cases, the Georgia Supreme Court ruled that this cap was unconstitutional.
What is the Difference Between Medical Malpractice and Medical Negligence?
Medical negligence occurs when healthcare providers fail to meet their professional obligations to patients by not providing the appropriate standard of care that a similarly trained professional would have given the patient under the same circumstances. Medical providers must uphold a duty of care to their patients. Neglecting this duty is considered medical negligence. However, not all cases of medical negligence lead to a provable medical malpractice case.
In Georgia, medical malpractice cases are assessed based on the "reasonable care" standard. Healthcare providers are held to a level of care equal to their peers in similar situations.
When healthcare providers' actions or omissions lead directly to harm, it becomes medical malpractice. When a healthcare provider’s negligence causes harm to a patient, they have a right to pursue compensation for their injuries.
Medical malpractice can happen anywhere in healthcare — hospitals, clinics, and nursing homes included.
When pursuing a medical malpractice claim, the plaintiff (person harmed and taking legal action) must prove the following four legal elements:
- Duty: The healthcare provider had a duty to provide care to the patient.
- Breach: The healthcare provider failed to meet the standard of care.
- Causation: There is a link between the healthcare provider's breach and the patient's harm.
- Damages: The patient suffered harm, such as physical or emotional pain and suffering, medical expenses, and lost wages.
If the patient proves all four elements in their medical malpractice lawsuit, they could claim damages for their injury or harm caused by the healthcare provider's deviation from the accepted standard of care.
What are Some Examples of Medical Negligence?
Some examples of medical negligence include the following:
- Misdiagnosis or failure to diagnose a serious illness
- Delayed diagnosis or treatment
- Prescription errors, such as administering the wrong medication or dosage
- Surgical errors, such as leaving surgical instruments inside a patient's body
- Anesthesia errors, such as administering too much or too little anesthesia
- Infection due to a healthcare provider's failure to follow proper hygiene protocols
- Failure to properly monitor a patient's condition or vital signs
- Failure to obtain informed consent before a procedure
- Nursing home neglect or abuse
- Birth injuries due to medical negligence during labor or delivery
- Misinterpretation of lab results or diagnostic imaging
- Failure to provide proper follow-up care
- Medical equipment malfunctions due to lack of maintenance
- Failure to identify drug interactions or allergies
- Inadequate or improper patient counseling
- Discharging a patient too soon or against medical advice
- Failure to refer a patient to a specialist when necessary
- Using experimental or unproven treatments without informed consent
- Administering treatment without a proper diagnosis
- Errors in administering radiation therapy
Not all instances of medical negligence constitute medical malpractice. To prove medical malpractice, the patient must show that the provider breached their duty of care and that the breach caused harm or injury to them.
The Affidavit of Expert in Georgia Medical Malpractice Claims
According to Georgia Code section 9-11-9.1, when medical malpractice attorneys file a lawsuit on behalf of their clients in Georgia's courts, in addition to the initial complaint (the document outlining the plaintiff's allegations against the health care provider and initiates the civil case), they must also file an affidavit prepared by a qualified medical expert, offering a sworn opinion that the healthcare professional who is being sued committed at least one negligent act. It should include the expert's factual basis for that opinion.
Furthermore:
- If you fail to file a compliant "affidavit of expert," the court will likely dismiss your medical malpractice lawsuit. However, the court could give you an opportunity to make corrections and re-file the affidavit.
- You could potentially be allowed an extra 45 days to file the affidavit if the statute of limitations deadline is coming up quickly, and you have only recently hired a medical malpractice attorney.
How Much Time Do I Have to File a Medical Malpractice Claim in Georgia?
Concerning medical malpractice and medical negligence cases, Georgia’s statute of limitations demands swift action. In Georgia, an injured patient or surviving family members of a patient who has died generally have two years from the date of the injury or death to file a medical malpractice lawsuit or a wrongful death lawsuit due to medical malpractice.
However, there are some exceptions to this rule, such as cases involving minors or cases where the patient did not discover the injury until later. Consult a medical malpractice lawyer to understand how the statute of limitations applies to your case.
What Damages Can I Pursue in a Medical Malpractice Lawsuit in Georgia?
In Georgia, an injured patient pursuing a medical malpractice case may seek various types of damages — including economic and non-economic — to compensate for the harm caused by the healthcare professional's negligence.
Economic Damages
- Medical Bills and Expenses: Compensation for past, current, and future medical expenses incurred due to the malpractice. This can include costs of hospitalization, surgeries, medications, rehabilitation, and necessary medical treatment.
- Lost Income: Reimbursement for income lost due to the injury, which could include lost wages during recovery, reduced earning capacity, and potential future earnings affected by the malpractice-induced injury.
- Property Damage: If tangible property, such as medical equipment or prosthetics, is damaged due to the medical errors, the patient may seek compensation for repair or replacement costs.
Non-Economic Damages
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish experienced due to the malpractice. This may include the impact on the patient's quality of life, suffering endured, and psychological trauma due to the negligent actions.
Loss of Enjoyment of Life: Damages for the loss of ability to participate in activities, hobbies, and social interactions that the patient enjoyed prior to the malpractice-related injury.
Loss of Consortium: In cases where the injury affects the patient's relationship with their spouse, damages may be sought for the loss of companionship, intimacy, and support within the marital relationship.
Punitive Damages (in certain cases)
In exceptional circumstances involving extreme recklessness or intentional misconduct, punitive damages may be awarded in medical malpractice lawsuits. These damages are intended to punish the defendant and deter similar behavior in the future.
By pursuing both economic and non-economic damages in a medical malpractice case in Georgia, injured patients seek to recover losses, alleviate suffering, and pursue fair compensation for the physical, emotional, and financial consequences of the malpractice they have experienced.
What Happens When Medical Malpractice Causes a Patient's Death?
In Georgia, when medical malpractice causes a patient to die, the family of the deceased or the estate representative can pursue a wrongful death claim against the healthcare professionals or the institution responsible for the malpractice to hold them accountable for their actions leading to the death.
Damages in a wrongful death claim may include compensation for medical expenses, funeral costs. lost income, pain and suffering, and loss of companionship, with the goal of addressing the survivors' financial and emotional losses.
In Georgia, the statute of limitations for filing a wrongful death claim due to medical malpractice is generally two years from the date of the individual's death. Seeking legal representation from a personal injury attorney with extensive experience in medical malpractice claims as soon as possible will help you meet this deadline, navigate the complexities of the legal process, conduct a thorough investigation, consult expert witnesses, and advocate for the rights of your family.
If a settlement cannot be reached between the involved parties, the case may proceed to trial, where a judge or jury will determine the outcome based on the evidence.
“As a former felony prosecutor, I believe that there is no fight that is too small or too big to fight when seeking justice for my clients.”
- Riah Greathouse
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Do I Need a Personal Injury Attorney to Represent Me in My Medical Malpractice Lawsuit?
Although it's not a legal requirement to hire an attorney for your medical malpractice lawsuit in Georgia, seeking the guidance, knowledge, and experience of a lawyer who focuses on medical malpractice cases and has a background of taking cases to trial if necessary, is in your best interests.
Succeeding in a medical malpractice lawsuit requires the ability to navigate complex legal procedures, intricate medical details, and specific regulations. A competent attorney can evaluate the merits of your case, determine the likelihood of success, and advise you on potential case resolutions. They can analyze medical records, consult expert witnesses, and identify crucial evidence to support your claim.
While you focus on healing, your attorney can protect your rights while engaging with insurance companies, healthcare providers, and legal representatives on your behalf to pursue fair compensation for your damages. Your attorney can accurately calculate economic and non-economic factors to seek a comprehensive settlement or court award.
If your case goes to trial, having an attorney with courtroom experience is invaluable. They can present your case effectively, cross-examine witnesses, and argue on your behalf before a judge and jury to seek a favorable outcome.
Are You Considering a Medical Malpractice Lawsuit? Discover Why It's Greater with Greathouse
At Greathouse Trial Law, Greater with Greathouse is not just a catchphrase ~ it's our law firm's mission. Our law firm focuses on personal injury cases including car accidents, motorcycle accidents, truck accidents, bicycle accidents, premises liability, slip and fall accidents, drunk driver accidents, wrongful death, and medical malpractice in and around Atlanta and throughout Georgia.
Our founder, Riah Greathouse, served his community for several years as an Assistant District Attorney in Fulton County, where he prosecuted cases ranging from drugs to violent felonies throughout the county. His service as a prosecutor yielded a tremendous amount of courtroom experience, allowing him to attack personal injury cases with tenacity, often proving to be beneficial in securing a favorable resolution.
Riah's experience as an insurance defense lawyer on behalf of insurance companies gives him a unique advantage when representing injured clients. In this role, Riah noticed the insurance companies treated victims with legitimate injuries
unfairly, making it as difficult as possible for them to seek compensation. That's when he vowed to make a difference.
When you work with Greathouse Trial Law, you will experience:
Greater Health
We will connect you with the best doctors available after your injury, to get you through your recovery.
Greater Communication
Open lines of communication with our office, as well as the providers charged to help you.
Greater Representation
A fighter on your side against the insurance companies and their attorneys
Contact us at (678) 310-2827 or complete our online form to schedule your free consultation.
Discover why it’s Greater with Greathouse for medical malpractice cases.
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Our Locations
Main Office Atlanta
Augusta Office
2918 Professional Pkwy., Suite 303 Augusta, GA 30907
Dacula Office
1862 Auburn Road Suite 118-O Dacula, GA, 30019
Marietta Office
2470 Windy Hill Road Suite 300 Marietta, GA, 30067
Roswell Office
821 Atlanta Street Roswell, GA, 30075
Atlanta Office
100 Galleria Parkway Suite 1460, Atlanta, GA 30339
Douglasville Office
5780 Fairburn Rd, Suite 201 Douglasville, GA 30134
Columbus Office
6361 Talokas Lane, Suite C140-275 Columbus, GA 31909
Lawrenceville Office
382 S Perry St, Suite 100 Lawrenceville, GA 30046
Peachtree Corners Office
4047 Holcomb Bridge Rd, Suite 300 Peachtree Corners, GA 30092, USA
Conyers Office
990 Iris Dr SW, Suite 301 Conyers, GA 30094
Conyers Office
1455 Old McDonough Hwy, Suite F, Conyers, GA 30013
Atlanta Office GA, 30354
100 Hartsfield Centre Parkway College Park #500 Atlanta, GA, 30354