Georgia Medical Malpractice Lawyer

We trust our doctors and other healthcare professionals with our most precious resource: our health. Unfortunately, not every medical professional takes their duties as seriously as others, causing harmful and deadly injuries to their patients.

If you are the victim of medical malpractice, you need a legal team that can handle the complexity of the evidence and defendants involved. Our attorneys have been holding healthcare professionals accountable for decades and can help you overcome the challenges in your case. We will quickly identify how much time you have to file your lawsuit. However, some victims are not even aware they have been injured until years have passed. In these situations, we can argue that this time should not count against you, giving you more time to file your lawsuit and allowing you to recover the compensation you deserve. We will also arrange for a medical expert to review and prepare your expert affidavit.

Contact Rice, Murtha & Psoras at (470) 287-3070 to get your free case analysis with our medical malpractice lawyers today.

How Long You Have to File a Medical Malpractice Lawsuit in Georgia

One of the most pressing concerns in a medical malpractice lawsuit is determining how much time you have to file it in Georgia. This is a crucial consideration since medical malpractice claims are some of the most complex in personal injury law. They often take significant time to prepare. Unfortunately, Georgia’s statute of limitations does not provide long for victims to file their claims, giving only two years from the date of the injury under O.C.G.A. § 9-3-71(a). You will lose your right to pursue compensation if you do not file your lawsuit before the deadline.

Thus, you should contact our medical malpractice attorneys immediately to gather evidence and prepare your filing. We can also determine whether an exception applies to your situation, giving you more time to get your claim in. Georgia law recognizes a few circumstances where it would be unjust to bar a medical malpractice victim’s right to recover compensation.

The Injury Went Undiscovered

For example, not every victim even knows they suffered an injury. Some forms of medical malpractice can go unnoticed, such as when a doctor fails to diagnose a condition they should have caught, leaving the patient to believe they are fine. However, it is possible not to notice the error before the two-year deadline passes. Fortunately, the time will usually not be held against you if you cannot reasonably discover the malpractice in time. Still, § 9-3-71(b) only provides a maximum of five years to file most medical malpractice claims, regardless of when the injury is discovered.

The five-year limitation does not apply to cases where a healthcare provider left a foreign object in a patient’s body. A victim can file a claim for a foreign object left in the body even if five years or more have passed. According to § 9-3-72, once the foreign object is discovered or should have reasonably been discovered, victims have one year from the date of discovery to file a lawsuit.

Child Medical Malpractice Victims

Medical malpractice victims who are minors at the time of the accident will have a different timeframe depending on their age when injured. If a child is younger than age five when the malpractice occurs, a claim can be filed on their behalf until the child turns seven, as per § 9-3-73(b). For children victims five or older, the same two-year deadline discussed above applies unless the claim is for a foreign object left in the child’s body.

How to Prove a Medical Malpractice Claim in Georgia

Proving medical malpractice typically requires a great deal of evidence. You will need your past medical records and reports to show where the error occurred and updated examinations to compare with the old ones. You must also usually testify how your injuries have impacted you to recover damages. The following are common types of evidence we will use to prove your claim:

Expert Affidavit

One piece of evidence every person is required to file with their lawsuit is what is known as an expert’s affidavit, according to § 9-11-9.1(a). This sworn statement details the specific negligent act you are suing for and the factual basis for your claim. The person making the statement must be competent to testify, meaning they are a similarly trained and experienced healthcare provider in the same field.

Patient Records and Testimony

Your patient records will be critical to your case. They will provide a guideline for the care you did and did not receive. Our medical experts will typically go through them and identify where each deviation from the standard of care occurred.

Your testimony will also help the court understand the physical and mental effects your injuries had on you. You are in the best position to describe how the malpractice negatively impacted your life, which can increase your pain and suffering damages.

Medical Reports and Test Results

Medical reports and test results, such as MRIs, X-rays, and CT scans, can help in several ways. Old test results can show the injury that your doctor failed to diagnose. The medical experts we work with can also review them to explain how your provider misread your results.

Professional Standards and Guidelines

To win your case, you must show that your healthcare provider deviated from the standard of care that other providers would have given. Thus, we must provide professional standards and guidelines for what your provider should have done in your situation.

For instance, if your oncologist misdiagnosed your condition, we would need the oncology standards to determine how they breached their standard of care. If a nurse or other support staff member made the mistake, we would turn to their professional guidelines for comparison. During a trial, we would have a medical provider similar to the one who injured you testify as to how the defendant was negligent.