When you put your trust in a medical professional, you expect a certain level of care. But sometimes, things go wrong. When a healthcare provider’s actions fall below the accepted standard, and cause a patient harm, those actions might be considered medical malpractice.

It’s a scary thought, but researchers at Johns Hopkins found that medical errors lead to over 250,000 deaths each year in the U.S. This puts the spotlight on the importance of understanding your options – and being informed about medical malpractice in Georgia can empower yourself and/or your family in the event of medical harm.

Table of Contents:

Defining Medical Malpractice in Georgia

So, what does the law say? O.C.G.A. § 51-1-27 states that medical professionals must use “a reasonable degree of care and skill.” If they don’t, and an injury occurs, it’s considered a tort, allowing for legal action.

This basically means your doctor should act as any other competent doctor would in the same situation. This idea of reasonable care is central to understanding medical malpractice in Georgia.

The Standard of Care

The “standard of care” isn’t just a suggestion. It’s how the medical community defines proper treatment. It includes factors like what is generally practiced by the medical profession and uses, if any, of updated technologies.

If a doctor’s actions, or failures to act, fall short of this applicable standard and lead to direct harm, it’s malpractice. A care physician’s actions could fall outside of “standard practices”, so working with someone experienced could greatly help in defining the grey area of malpractice laws.

Key Elements of a Medical Malpractice Claim

There are a few critical components in medical malpractice cases – all of which must exist to move forward with a malpractice lawsuit.

First, a valid doctor-patient relationship must exist. This sets the initial condition and legal parameters. Second, the care provider must have been negligent in their patient relationship. Then the proof comes in for any malpractice cases.

Proving Negligence

Not every medical mistake counts as medical malpractice. After all, bad outcomes can happen in even the best of circumstances. That’s why medical negligence is about failing to provide standard care.

Negligence might involve diagnostic errors. Or it can occur because of surgery mistakes. Prescription problems are also a very common error. If and when these happen, expert testimony is paramount.

The Role of Expert Witnesses

Medical malpractice lawsuits need expert opinions. These are used to provide the evidence in these complex matters.

According to O.C.G.A. § 9-11-9.1, any malpractice suit must include an expert affidavit from a qualified medical expert. This affidavit confirms at least one negligent act by the healthcare provider. The expert witness will need to fully understand the medical procedure in order to fully verify an incident.

Causation and Damages

The final hurdle for a medical malpractice claim is the direct connection and impact of these types of scenarios. First, a doctor is required to demonstrate that any action or inaction caused a patient harm. This means showing the alleged negligence of the medical professional approximately caused patient injury or death.

The patient must have suffered valid “damages” from any medical injury. In other words, the injuries must be shown to affect a patient’s current or future well-being.

This might include medical bills. Lost wages are commonly included and are the reason for pursuing legal action. The injuries can often greatly impact a person’s quality of life or daily activities. All these things together add up and create proof of causation for a medical malpractice claim.

Common Types of Medical Malpractice in Georgia

Medical errors can happen in various ways. Sometimes there’s a misunderstanding, but in most cases the injury comes from negligence. Reports, including the May 3 issue of the well-respected medical journal BMJ, reveal that medical malpractice is the third leading cause of death in America. With that in mind, it is important to highlight some key malpractice case areas.

Misdiagnosis or Delayed Diagnosis

When a condition is incorrectly identified, the harm can compound fast. For instance, a delay in treating diseases like cancer can create huge challenges. And when a doctor misdiagnoses a disease, this leads to myriad concerns.

There are other created challenges that should be factored in, such as incorrect medications, which can add other complexities to injuries.

Surgical Errors

Mistakes during surgery carry major risks. Sometimes, there are reports of doctors damaging organs. Some cases involve objects, such as surgical instruments or sponges, left inside patients.

Know that in these instances, the state has some exceptions to Georgia Code section 9-3-72.

Medication Errors

This area of medicine requires attention to detail, and many providers have administered the incorrect drug type.

Dosage amounts often determine the level of harm to the patient. And failing to consider a patient’s other medications greatly increases the chances for error.

Getting a “second opinion” can help confirm a diagnosis for patients. This also helps put patients more at ease and imparts a stronger degree of confidence.

Birth Injuries

This category could create lifelong challenges for families, and injuries incurred during childbirth often lead to the most complicated malpractice actions.

Some injuries cause disabilities for children and/or mothers. These problems may require long-term care, leading to substantial economic damages.

Time Limits for Filing a Claim: What Constitutes Medical Malpractice in Georgia

There are strict deadlines. Section 9-3-71 of the Georgia Code sets a two-year medical malpractice statute of limitations for filing a malpractice lawsuit. This starts from when the injury or death occurred.

There’s a five-year maximum deadline (malpractice statute of repose), in certain situations. This exists even if the injury isn’t immediately apparent. It comes into effect when the medical injury occurred in the past.

Special Considerations

For cases involving foreign objects left inside the patient’s body, there are additional rules. O.C.G.A. § 9-3-72 requires action within one year of discovering that medical device. But, it notes certain materials aren’t covered, like chemical compounds or fixation devices.

Emergency Room Cases: What Constitutes Medical Malpractice in Georgia

There are also higher standards for injuries in emergency room situations. Under O.C.G.A. § 51-1-29.5 (c), liability often requires that malpractice errors must be from gross negligence. It also requires “clear and convincing evidence.”

Cases in medical centers and emergency rooms get additional leeway. This factors in the nature and stresses involved. It adds more work in proving malpractice claims for those cases.

The law presumes that physicians working in such settings exercised due care. Therefore the standard is elevated.

Understanding Wrongful Death Claims

In tragic cases where medical negligence leads to a patient’s death, a wrongful death claim may be possible. According to Georgia law, only specific family members can file this claim. Those people include a spouse, child, or parent of a child.

Damages in these cases are made to try and help. These damages cover a lost lifetime of earnings, plus any other impacts to quality of life.

Potential Compensation

Medical Malpractice damages from malpractice cases may provide compensation. Here is how damages break down:

Damage Type Description Examples
Economic Damages Direct financial losses. Medical bills, lost wages, future care costs.
Non-Economic Damages Subjective losses. Up to the jury. Pain, suffering, reduced quality of life.
Punitive Damages Intended to penalize the person. Only in egregious circumstances where conduct shows willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care.

Hanson Fuller Lina: Expert Attorneys in Medical Malpractice

Hanson Fuller Lina are expert attorneys in medical malpractice cases. In Georgia, medical malpractice occurs when a doctor or healthcare provider fails to meet the standard of “reasonable care.” To win a case, you must prove negligence and detail a strong doctor-patient relationship.

These cases can be legally and emotionally challenging. If you or someone you know has been affected by medical negligence, the experienced attorneys at Hanson Fuller Lina can help. They will review your situation and carefully guide you on the best path forward.