We all go to the doctor hoping for healing. But what happens when medical care falls short, leaving you worse off than before? You may wonder about your legal options if a doctor’s carelessness injures you. Can you sue a doctor for negligence in such cases?
The answer is yes. You can pursue a medical malpractice lawsuit in Georgia if a doctor’s negligence has harmed you. However, not every negative medical outcome automatically equates to negligence.
To build a successful case, you must demonstrate that the doctor’s actions (or lack thereof) deviated from the accepted standard of care and that this deviation directly caused your injury.
Contact our experienced Georgia medical malpractice lawyers by calling (706) 354-4000 or filling out our online form today.
We offer free consultations.
What Constitutes Medical Malpractice in Georgia?
The law in Georgia states that healthcare providers must deliver a “reasonable degree of care and skill.” When they fail to meet this standard and you’re harmed as a result, we call that medical malpractice.
It’s the legal way of saying that your doctor should treat you as well as any other good doctor would. If they don’t, and you suffer for it, you can sue a doctor for negligence.
What Are Common Reasons to Sue a Doctor for Negligence?
Medical malpractice can happen in a lot of different ways.
Here are some of the most common reasons to sue a doctor for negligence:
- Mistakes with anesthesia
- Childbirth injuries
- A serious illness being missed or diagnosed too late
- Errors in lab tests or not ordering the proper tests at all
- Mistakes during surgery
- Getting the wrong medication or the wrong dose
- Not being fully informed about the risks of treatment before agreeing to it
- Mistakes made in the emergency room
- A doctor not looking at your complete medical history
- Getting a serious infection because of medical treatment
If any of these situations sound familiar, you might have grounds for suing a doctor for negligence.
How Do You Prove Medical Malpractice in Georgia?
To have a valid medical malpractice claim in Georgia, you need to prove four key elements:
- The doctor owed you a duty of care
- The doctor breached that duty of care
- You were injured
- The injury caused you damages
Additionally, you must provide an affidavit of merit when you file your lawsuit. This is a document from another licensed doctor who agrees that your case has merit. They must state that, in their professional opinion, the care you received wasn’t up to par, and they must sign this statement under oath.
What Compensation Can You Expect in a Georgia Medical Malpractice Case?
The value of a medical malpractice case isn’t one-size-fits-all. It hinges on the unique details of your situation.
Several factors come into play, including:
- How severe and long-lasting your injuries are
- The impact on your overall quality of life and your ability to work
- The cost of all your medical treatment, both past and future
- The cost of necessary medical equipment or home modifications
- Any income you’ve lost and potential earnings you’ve missed out on
- The physical and emotional pain and suffering you’ve endured
While each case is different, our attorneys have a proven track record of securing favorable outcomes in medical negligence cases against doctors.
Here are a few examples of our successful results:
- $10.85 million recovered for a patient who died due to complications during anesthesia at the start of surgery
- $9 million recovered for a child who suffered neurological injuries due to inadequate post-surgical care
- $5.5 million recovered for a patient who experienced brain damage following complications related to blood flow during surgery
- $4 million recovered for a patient who became quadriplegic due to the failure to diagnose a spinal epidural abscess
- $3.25 million recovered for a patient who suffered a stroke after their doctor failed to provide necessary anticoagulation during surgery
- $3.23 million recovered for a U.S. Army veteran who was paralyzed due to a misdiagnosis at a VA hospital
While we cannot promise the same results in your case, these cases show how much is at stake when medical negligence causes harm. If you’re asking yourself whether you can sue a doctor for medical malpractice, and you believe you’ve suffered harm due to medical negligence, don’t hesitate to contact our skilled team of attorneys.
What Is the Time Limit for Suing a Doctor for Negligence in Georgia?
In Georgia, the statute of limitations to file a medical malpractice lawsuit is generally two years from the date you were injured or the date you should have reasonably realized you were injured.
However, there’s also a hard deadline called the statute of repose. This sets a maximum time limit of five years from the date of the negligent act for filing a lawsuit, even if you didn’t discover the injury until later.
There are a few exceptions to these rules:
- Foreign objects. If a foreign object was left in your body during a medical procedure, you have one year from the date you discover it to sue, regardless of how long it’s been there.
- Minors. For children injured by medical malpractice, the statute of limitations doesn’t start running until their 5th birthday. If the malpractice occurred before the child’s fifth birthday, the child’s suit must be filed by the child’s seventh birthday.
- Mental incompetence or disability. If the injured person is mentally incompetent or disabled, the statute of limitations may be extended or paused depending on the specific circumstances. However, they still cannot bring a claim more than five years after the injury occurred.
On the other hand, there are cases where you have less time to file a claim, such as suing a doctor for negligence who works for a government healthcare facility.
What Should You Do If You Suspect Medical Malpractice?
If you suspect you’re a victim of medical malpractice, here’s what you should do:
- Get medical help. Your health comes first. See another doctor to make sure you’re getting the treatment you need.
- Gather your records. Collect all your medical records, bills, and anything related to your treatment and injuries.
- Consult an attorney. A medical malpractice attorney can evaluate your case, gather evidence, and fight for your rights.
Remember, time is critical in medical negligence situations. Don’t wait to seek justice.
How Can Blasingame, Burch, Garrard & Ashley, P.C., Help You?
Suing a doctor for medical malpractice demands sound legal counsel and aggressive advocacy. For over 40 years, the attorneys at Blasingame, Burch, Garrard & Ashley, P.C., have been leaders in this field in Georgia.
Our dedicated team will fight for you by:
- Investigating your case and gathering strong evidence
- Consulting with top medical experts
- Managing all legal paperwork and court filings
- Negotiating with insurance companies
- If necessary, representing you in court
We understand that medical negligence can turn your life upside down. If you’ve been injured, we’re here to help you seek the compensation you deserve. Contact us today at (706) 354-4000 or reach us online for a free consultation.
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