How to Prove Medical Negligence

Experienced Medical Malpractice Lawyers Skillfully Pursuing Claims Against Doctors, Surgeons, and Other Healthcare Providers

Proving medical negligence is essential to any medical malpractice claim. In Georgia, this process requires demonstrating that a healthcare provider’s actions—or lack thereof—deviated from the standard of care and directly caused harm. However, there are also certain procedural steps that you must follow before a court will be able to hear your claim. At Suthers & Harper, we work closely with our clients to build strong, evidence-based cases designed to hold negligent providers accountable for the harm they’ve caused our clients. We are immediately available to meet with you to learn more about what happened and answer your questions.  

The Four Elements of Medical Negligence

To succeed in a medical malpractice claim, you must establish four key elements:

1. Duty of Care
   In Georgia, healthcare providers owe a duty of care to their patients. This means they are obligated to provide treatment that meets the accepted standard of care for their field and situation.

Example: A Savannah cardiologist is expected to perform diagnostic tests and recommend treatment for symptoms like chest pain in a manner consistent with how other reasonably competent cardiologists would act under similar circumstances.

2. Breach of Duty
   A breach occurs when the provider fails to meet the standard of care. This could involve an action, such as performing surgery incorrectly, or an omission, like failing to order necessary diagnostic tests.

Example: A physician ignores clear symptoms of a stroke and does not order an immediate CT scan, delaying critical treatment. This failure to act could constitute a breach of duty if other doctors in similar situations would have acted differently.

3. Causation
   It is not enough to prove that the provider was negligent; you must also show that their negligence directly caused your injury. This often requires expert testimony to explain the link between the provider’s actions and the harm suffered.

Example: A delayed cancer diagnosis caused by a missed lab result may result in the cancer progressing to an advanced stage. To prove causation, an expert, who is also an oncologist, might testify that earlier diagnosis and treatment would have significantly improved the patient’s prognosis.

4. Damages
   Finally, you must demonstrate that the negligence resulted in actual harm. Damages can include physical injuries, emotional trauma, additional medical expenses, and financial losses.

Example: A surgical error leaves a patient unable to work, requiring additional surgeries and rehabilitation. The patient incurs medical bills and loses income, establishing measurable damages.

The Role of Expert Testimony in Georgia Medical Malpractice Cases

Georgia law requires an affidavit of expert to be filed with the initial complaint in a medical malpractice case. This affidavit must include a sworn statement from a qualified medical expert identifying at least one act of negligence by the healthcare provider.

The expert must:

• Be licensed in their field.
• Have knowledge and experience relevant to the case.
• State how the provider deviated from the standard of care.

Failure to include this affidavit can result in the dismissal of your case, making it critical to work with a skilled Savannah medical malpractice lawyer who can identify and retain the appropriate expert.

The Medical Malpractice Statute of Limitations in Georgia

Georgia law imposes strict deadlines for filing medical malpractice claims. Generally, you must file your lawsuit within:

• Two years from the date of injury: This is the standard statute of limitations.
• Five years from the date of the negligent act or omission: This is the statute of repose, which bars claims filed beyond this period, regardless of when the injury was discovered.

Exceptions may apply in cases involving fraud or if the injured party is a minor under the age of five. Missing these deadlines can result in losing your right to pursue compensation.

Challenges in Proving Medical Negligence

Medical malpractice cases are inherently complex. Healthcare providers and their insurers often argue that:

• The outcome was a known risk of the procedure or treatment.
• The injury was caused by an underlying condition, not negligence.
• The patient’s actions contributed to their harm.

Depending on the case, overcoming these defenses requires thorough preparation, expert witness testimony, and a deep understanding of Georgia malpractice law.

How a Savannah Medical Malpractice Lawyer Can Help

At Suthers & Harper, we have extensive experience navigating the complexities of medical malpractice claims. Our team will:

• Review medical records and consult with leading experts to evaluate your case.
• Gather evidence to demonstrate how the provider breached their duty of care.
• Work with experts to establish causation and document your damages.
• Negotiate with insurance companies and, if necessary, take your case to court to fight for maximum compensation.

We understand the challenges of proving medical negligence and are committed to securing justice for our clients.

Speak With a Savannah Medical Malpractice Lawyer Today

If you or a loved one has suffered due to medical negligence, don’t wait to seek legal help. Georgia’s strict filing deadlines make it essential to act quickly. The dedicated Savannah medical malpractice lawyers at Suthers & Harper are immediately available to meet with you to discuss your case. To learn more, and to schedule a free consultation with a Savannah medical malpractice lawyer at Suthers & Harper, give us a call at 800-320-2384. You can also reach us by completing our secure online contact form.