Medical malpractice in Georgia refers to the professional negligence or misconduct by a healthcare provider, such as a doctor, nurse, dentist, or other medical professionals, which results in harm to a patient. This negligence may occur through actions, errors, or omissions during the diagnosis, treatment, or general care of a patient. Medical malpractice cases typically involve a breach of the standard of care that a reasonably competent healthcare professional would provide in similar circumstances.

Recent studies have estimated errors may account for as many as 251,000 deaths annually in the United States, making medical errors the third leading cause of death. Error rates are significantly higher in the U.S. than in other developed countries such as Canada, Australia, New Zealand, Germany and the United Kingdom.  At the same time less than 10 percent of medical errors are reported.

Common types of medical malpractice include:

1. Misdiagnosis
2. Delayed diagnosis
3. Childbirth injuries
4. Medication errors
5. Surgical errors
6. Premature discharge
7. Inadequate follow-up care

To establish a medical malpractice case in Georgia, the patient or their representative must generally prove 4 things:

1. Duty: The healthcare provider owed a duty of care to the patient.
2. Breach: The healthcare provider breached the standard of care by failing to meet an acceptable level of competence and skill.
3. Causation: The breach of duty directly caused the patient's injury or harm.
4. Damages: The patient suffered measurable harm or damages as a result of the healthcare provider's actions or negligence.

Medical malpractice cases can be complex, and they often involve expert testimony to establish the standard of care and to demonstrate how the healthcare provider's actions deviated from that standard.  Additionally, medical malpractice cases can be very expensive to bring to trial, with expenses typically exceeding $50,000.00 before the case even makes it to a court room.

With that being said, medical malpractice cases have a higher average settlement value compared to other injury cases.  This is due to the severe nature of the injuries caused by medical negligence.  Nationally, the average settlement payout for medical malpractice claims is between $300,000 to $380,000.  For cases that go to trial, and win, the average verdict is just north of $1 million dollars.

Laws regarding medical malpractice vary by jurisdiction, and there are specific procedural requirements and time limits for filing a claim.  In Georgia, you have 2 years from the date of the malpractice (or 2 years from when a reasonable person would have learned of the malpractice) in order to file a lawsuit.  Additionally, Georgia requires that any malpractice suit include a signed affidavit from a physician who practices in the same specialty as the physician accused of malpractice.  Without the accompanying affidavit, any malpractice lawsuit will be dismissed.

If you believe you have been a victim of medical malpractice, give our attorneys a call today at 770-214-2500 for a free consultation to assess the merits of your case.

 

In Georgia, the occurrence of medical malpractice often leaves individuals or their acquaintances deeply surprised. We anticipate that the healthcare professionals we rely on for our well-being will consistently prioritize actions that prevent harm. Regrettably, the truth reveals that in the United States, overworked, inadequately trained, and negligent providers contribute to injuries and illnesses on a daily basis.

Medical Malpractice/Error Facts

• Recent data shows the top three malpractice allegations are 34.1% misdiagnosis, 21.4% surgical error, and 21.1% treatment error.
• Diagnostic errors cause 80,000 to 100,000 deaths in the US each year.
• Unfortunately, medical doctors are under a lot more stress than your average profession. Stress brings with it burn-out, depression, and double the suicide rate of the general population. Many doctors admit that they’re overworked.
• You absolutely can wait too long to file a case. Every state is different, but there’s usually something called a “statute of limitations,” or a time frame you have to file.  In Georgia,  you have two years from the date of the malpractice, or when a reasonable person would realize malpractice has occurred, to seek legal action from the malpractice incident.
• Medical malpractice cases take time. Some are quicker than others, but it can take several months, and even years. Believe it or not, about 95% of cases settle out of court. This means that your law firm and the person or group you’re suing come to an agreement on their own.
• Medical negligence is currently, according to Johns Hopkins University, the 3rd leading cause of death in the US.
• A recent study estimates as many as 22,165 preventable deaths occur in hospitals each year. This does not include situations of malpractice where patients are injured or contract diseases unrelated to their initial condition.
• Cancer is the most common misdiagnosed condition in medical malpractice.
• The majority of medical malpractice cases require no money up front. If your law firm believes you have a strong case they’ll actually foot the bill. If you win, your lawyer gets an agreed upon percentage and will also get reimbursed legal fees. The good news is, if you lose you don’t owe them anything.
• Having a team of medical malpractice experts on your side is vital. In a malpractice suit, you’re usually going against giant corporations. You need expert witnesses and an experienced firm to win. Do your research and carefully select your firm.

If you or a family member have been the victim of medical malpractice give our lawyers a call today at (770) 214-2500 for a free consultation.