Overview of Georgia’s Medical Malpractice Laws

Experienced Injury Lawyers Holding Healthcare Providers Accountable for Acts of Medical Negligence

When medical professionals fail to meet the standard of care expected in their field, the consequences can be life-altering for patients and their families. At Suthers & Harper, we understand the complexities of medical malpractice cases and are committed to helping victims of medical negligence hold healthcare providers accountable. Georgia’s medical malpractice laws provide a pathway for injured patients to seek justice and financial compensation. 

What Is Medical Malpractice in Georgia?

Medical malpractice occurs when a healthcare provider’s actions—or failure to act—deviate from the accepted standard of care, resulting in harm to the patient. Georgia defines the standard of care as what a reasonably skilled and competent medical professional in the same field would provide under similar circumstances.

Proving a malpractice claim requires demonstrating four key elements:

1. Duty of Care: The healthcare provider owed a legal duty to deliver competent care.
2. Breach of Duty: The provider failed to meet the standard of care.
3. Causation: The provider’s actions (or inaction) directly caused harm.
4. Damages: The patient suffered measurable harm, such as physical injury, emotional distress, or financial loss.

Who Can Be Held Liable for Medical Malpractice?

Georgia’s medical malpractice laws apply to a broad range of healthcare providers and institutions, including:

• Physicians, surgeons, and specialists
• Nurses and nurse practitioners
• Dentists and orthodontists
• Hospitals, clinics, and urgent care centers
• Pharmacists and pharmacies
• Anesthesiologists and radiologists

Liability may extend to individuals or entities whose negligence directly contributed to a patient’s injury.

Affidavit of Expert in Georgia Medical Malpractice Cases

Georgia law requires that medical malpractice claims be supported by an affidavit of expert. This affidavit must be filed with the initial complaint and include a sworn statement from a qualified medical expert outlining at least one negligent act or omission by the healthcare provider.

The affidavit serves as a safeguard against frivolous lawsuits, ensuring only meritorious claims move forward. Failure to include this document may result in dismissal of the case, making it critical to consult an experienced Savannah medical malpractice lawyer early in the process.

Understanding Georgia’s Statute of Limitations for Medical Malpractice

Patients have a limited time to file a medical malpractice lawsuit in Georgia. The statute of limitations generally requires claims to be filed within two years of the date of injury. However, a statute of repose also applies, barring claims more than five years after the negligent act, regardless of when the injury is discovered.

Certain exceptions may extend these time limits, including:

• Cases involving minors under the age of five
• Fraud or concealment by the healthcare provider

It’s essential to act quickly to preserve evidence and protect your claim. A Savannah medical malpractice lawyer can help ensure your case meets all filing deadlines.

Damages Available in Georgia Medical Malpractice Cases

Georgia allows patients to pursue compensation for a range of damages, including:

• Economic Damages: These include medical bills, lost wages, and other measurable financial losses.
• Non-Economic Damages: These cover intangible losses like pain and suffering or loss of quality of life.
• Punitive Damages: In rare cases, punitive damages may be awarded to punish particularly egregious misconduct.

While Georgia previously capped non-economic damages in malpractice cases, the state’s Supreme Court ruled these caps unconstitutional in 2010.

Comparative Negligence in Georgia Medical Malpractice Claims

Georgia follows a modified comparative negligence rule, meaning your compensation may be reduced if you are partially responsible for your injuries. For example, if you are found 20% at fault, your damages will be reduced by 20%. However, if you are more than 50% at fault, you cannot recover damages.

An experienced Savannah medical malpractice lawyer can help evaluate the role of negligence in your case and advocate for maximum compensation.

Why You Need a Savannah Medical Malpractice Lawyer

Medical malpractice claims in Georgia are highly complex and require a thorough understanding of state laws, medical standards, and legal procedures. At Suthers & Harper, our experienced attorneys work closely with medical experts to build strong cases and fight for the justice our clients deserve. If you or a loved one has been injured due to medical negligence, don’t wait to seek legal guidance. Reach out now by calling 800-320-2384 to schedule your free consultation. You can also connect with us through our secure online contact form.