Top Georgia Medical Malpractice Lawyer

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We all rely on skilled medical professionals to diagnose and treat a wide range of illnesses and injuries. And for the most part, Georgia’s doctors, nurses, and other health care providers do everything in their power to provide expert care. Yet mistakes can and do happen. And when they do, it is the patients and their families who suffer the consequences.

The Georgia medical malpractice lawyers at Chance, Forlines, Carter & King, PC, can provide you with legal advice and representation if you, or someone whom you care about, has been injured or killed by an act of professional healthcare negligence.

We represent medical malpractice victims in Atlanta, Macon, Augusta, Columbus, Savannah, Gainesville, Lawrenceville, Decatur, Jonesboro, and all over Georgia. Call us now! We offer free consultation, and flexible appointments, which can be in-person or virtual.

Georgia Medical malpractice laws are quite complex and require plaintiffs to jump through a number of hoops that are not common to other kinds of personal injury claims. That is why it is especially crucial to work with an experienced medical malpractice attorney who will sit down and explain the malpractice claim process to you as well as present you with all of your options for seeking compensation for a medical injury by filing a medical malpractice suit.

We know that money alone cannot undo the damage done by a medical error or mistake. But by working through the legal system, we can try to obtain some measure of civil justice for you and your family. No health care provider or medical professional should ever feel as if they are above the law or that their mistakes should simply be written off as a medical statistic.

WHAT DEFINES MEDICAL MALPRACTICE IN GEORGIA?

In Georgia, medical negligence arises when a healthcare provider causes injury to a patient due to a deviation from generally accepted medical standards given the circumstances. The healthcare provider’s decisions are evaluated considering the timing and relevant patient factors.

Engaging the services of top lawyers for medical malpractice in Atlanta, Georgia proves advantageous as they assist in collecting essential evidence to substantiate your claim.

Examples of Medical Malpractice Cases

Healthcare providers malpractice manifests in various forms, often occurring under specific circumstances when healthcare providers fall short of established care standards. Common instances include:

• Procrastinated Diagnosis: Delaying the recognition of conditions needing urgent care.
• Erroneous Diagnosis: Incorrectly identifying an ailment, leading to inappropriate or hazardous treatments.
• Surgical Errors: Performing procedures on the incorrect body part, such as operating on the right leg when it should have been the left.
• Mistaken Patient Surgery: Operating on the wrong individual, causing unnecessary surgery for one patient and a postponed necessary procedure for another.
• Retained Surgical Items: Leaving behind tools, sponges, or other objects inside a patient post-surgery.
• Surgical Damage: Accidental puncture or severing of internal organs or nerves during operations.
• Anesthesia Errors: Improper administration of anesthesia, either in excessive or insufficient doses.
• Neglect of Medical Background: Overlooking a patient’s medical history, potential drug allergies, or other critical health information.
• General Medical Negligence: Various other forms of professional inadequacy or oversight.

YOUR TRUSTED MEDICAL MALPRACTICE LAWYERS IN GEORGIA

Our Georgia medical malpractice lawyers provide outstanding legal representation to individuals and their families in cases involving surgical errorsemergency room errors, plastic surgery errors, anesthesia errors, a failure to diagnose, injury caused by radiation or electronic fetal monitoring, as well as birth injuries, pediatric meningitis, shoulder dystocia and brachial plexus injury, fetal hypoxia, cerebral palsy and brain injury, and any catastrophic injury resulting from a malpractice.

Has your loved one received inadequate medical attention from a physician responsible for their well-being? If such medical negligence has led to a decline in the patient’s health, there may be grounds for a malpractice claim. If you seek a committed attorney specializing in medical negligence in your vicinity, Chance, Forlines, Carter & King, PC are your best choice.

As proficient attorneys for medical malpractice in Atlanta, we will meticulously examine medical records, interview relevant personnel, and gathers compelling evidence to dismantle the defense systematically. If you have been a victim of malpractice, our Georgia medical malpractice lawyers will stand as a dependable advocate on your behalf.

How Medical Negligence Leads to Patient Harm in Georgia

Under Georgia’s medical malpractice law, any licensed professional who practices surgery or another form of medicine for compensation must exercise “a reasonable degree of care and skill” when caring for patients. An injury resulting from a lack of such care and skill is considered a personal injury or tort, and the victim is entitled to seek compensation for their damages arising from the health care provider’s actions.

Essentially, medical malpractice is negligence that results in patient harm. This means that even if a doctor or nurse makes a mistake as defined by the standards of their profession, the patient must still prove that they suffered some sort of loss as a result of that medical negligence. Some of the more common types of issues we see in Georgia medical malpractice lawsuits include:

• Anesthesia Errors: Anesthesiologists provide care in a wide range of medical settings ranging from surgical theaters to spas. Errors or mistakes in administering anesthesia can result in serious side effects, including paralysis, brain damage, and even death.

• Birth Injuries: Some of the most common victims of medical malpractice are children simply striving to be born. Mistakes made during the delivery of a newborn can lead to developmental disabilities, learning disabilities, and potentially death of the child and the mother.
• Failure to Diagnose: While people often tend to associate medical malpractice with mistakes made in providing treatment, it is actually just as likely that a patient will suffer harm because of a provider’s failure to properly diagnose their condition. For example, a radiologist may misread an X-ray and miss a potential cancer diagnosis. Or a doctor failed to order an EKG that would have revealed a patient suffered a heart attack.

• Surgical Errors: We have all heard horror stories about things that can go wrong even during a “routine” surgical procedure. Some of the more egregious examples include leaving surgical instruments inside of a patient, operating on the wrong patient or body part, and patients developing post-op infections due to improper medical care.

This is, of course, not an exhaustive list of all potential medical negligence claims, only some of the more common cases that we see in our practice. In fact, anyone who has sought and received medical care can be the victim of medical malpractice. That is why it is essential to consult with a Georgia medical malpractice attorney anytime you believe an error by a medical professional may have harmed you in some way, and see if you really have a medical malpractice lawsuit.

WHAT IS THE PROCESS FOR FILING A MEDICAL MALPRACTICE CLAIM IN GEORGIA?

Bringing a medical malpractice claim is not like other kinds of personal injury cases. There are special rules imposed by the Georgia legislature. Here are two of the more important rules that you need to know about:

The Statute of Limitations in Medical Malpractice Suits

Like all personal injury claims, those involving medical malpractice are governed by a statute of limitations, or a time limit. The statute of limitations on medical malpractice claims is two years from the date on which “an injury or wrongful death arising from a negligent or wrongful act or omission occurred.”. In most cases, the clock on the statute of limitations starts ticking on the day you were injured by a surgery error, misdiagnosis, delayed diagnosis, or other type of medical malpractice.

However, medical malpractice claims are very unique. It is not uncommon for injuries to only appear several weeks or even months after the medical malpractice initially occurred. For example, a person may undergo surgery during which a foreign object is left in their body cavity. This may not present symptoms or problems right away. Months later, though, the patient may start to notice tenderness or swelling near the surgical site, severe pain, and they may develop a fever. Only after many other examinations may the foreign object be found.

In the above scenario and others like it, the discovery rule applies. The discovery rule states that the statute of limitations does not start ticking until the personal injury is discovered. Staying with the above example, if the patient had surgery on July 1, 2023 but did not discover the medical malpractice due to the foreign object until September 1, 2023, the statute of limitations would begin on the later of these dates.

In addition to the statute of limitations, Georgia medical malpractice law also places a statute of repose on medical malpractice claims. The statute of repose is also a time limit. Under the statute of repose, you cannot file a claim any later than five years after the original incident, even if the injury was not discovered right away. 

For example, a doctor may prescribe someone medication to treat a condition on May 1, 2023. The patient may not learn that the medication caused cancer until they are diagnosed with the illness on May 1, 2027. In this case, the patient would have just one year to file their claim even though the medical malpractice happened four years ago.

AFFIDAVIT OF EXPERT

It is not sufficient for a medical malpractice victim to simply file a complaint alleging negligence. Georgia law requires the victim’s complaint be accompanied by an affidavit prepared by a qualified medical expert. This expert must practice in the same field as the healthcare provider being sued. The affidavit must identify at least one negligent act that, in the expert’s opinion, caused harm to the patient. Without a proper affidavit of expert, a Georgia court will dismiss a medical malpractice lawsuit.

Injuries Caused by Medical Malpractice

Too many people, medical malpractice sounds very traumatic and that is because it is. Medical negligence occurs at a time when a person’s health is already in a vulnerable state. Medical errors only make this worse, which is why injuries caused by medical malpractice are often catastrophic. Some of the most serious injuries caused by medical malpractice are as follows:

• Amputation
• Paralysis
• Stroke
• Heart attack
• Uncontrolled bleeds
• Undetected cancers
• Infections due to foreign objects left in the body during surgery
• Brain injuries
• Breast cancer
• Lung cancer
• Loss of organs
• Permanent nerve damage
• Wrongful death

Can You Sue a Hospital in Georgia?

Many people understand that if a medical provider, such as a doctor, caused their injury due to medical malpractice, they can file a claim against them. However, many people also do not understand that in some circumstances, it may also be possible to sue the facility the liable party works for.

Generally speaking, employers in Georgia can be held vicariously liable for the actions of their employees. This means that if a nurse or other healthcare worker was an employee of the hospital and caused you harm, you may be able to file a claim against the facility as well as the liable party. The important thing to note here is that the liable party must be an employee of the hospital or other facility and not an independent contractor.

Anesthesiologists, doctors, medical specialists, and surgeons are often independent contractors that have hospital privileges. This means that they have the right to work in the hospital even though they are not technically employees. If any of these individuals caused your injuries due to medical malpractice, filing a claim against them directly may be the only legal course of action available to you.

It is very important to speak with a Georgia medical malpractice law firm as soon as possible after discovering your injuries. A lawyer will identify all of the potentially liable parties and may file a claim against each of them. The damages you receive will not exceed the insurance policy limits covering the liable party. As such, by identifying multiple liable parties you can claim from multiple insurance policies, ensuring that you receive the maximum damages you are entitled to.

How do I prove Medical Malpractice in Georgia?

To establish a case of medical malpractice in Georgia, you’ll need to navigate several critical steps that form the foundation of your legal claim:

1. Documentation of Doctor-Patient Relationship: Confirm the existence of a formal relationship where the medical professional was responsible for your care. This relationship sets the stage for defining the obligations of the healthcare provider.
2. Evidence of Substandard Care: Demonstrate that the healthcare provider deviated from the generally accepted medical practices that a competent healthcare professional would have followed under similar circumstances. This typically requires the input of medical experts who can attest to what constitutes standard care in your specific situation.
3. Causal Connection Between Negligence and Injury: Establish a direct link showing that the healthcare provider’s failure to adhere to standard care practices directly caused your injury or worsened your condition. This often involves detailed medical records and expert testimonies to illustrate how the deviation from standard care led to harm.
4. Quantifiable Damages: Prove that the negligence resulted in actual damages. This includes physical harm, financial losses, emotional distress, and other compensable injuries. Documentation such as medical bills, records of lost wages, and expert evaluations on future medical needs are crucial to substantiating these claims.

Successfully proving these elements can help you hold a health care professional accountable for medical malpractice in Georgia.

What Compensation Is Available in a Georgia Medical Malpractice Lawsuit?

In Georgia medical malpractice lawsuits, individuals harmed by healthcare provider’s malpractice are eligible to seek economic and noneconomic damages. Economic damages cover financial losses resulting from the injury, such as medical bills, lost income, and prescription expenses. Noneconomic damages encompass compensation for the emotional and social toll of the injury, such as pain and suffering and loss of companionship.

To optimize the compensation you may receive for your injury, enlist the assistance of our premier medical malpractice attorneys in Georgia.

Damages Available in Medical Malpractice Claims

When a medical provider is negligent and you are hurt as a result, you can file a claim against them to recover damages for your injuries and other losses. The compensation you are entitled to will depend on the different facts of your case. However, the most common types of damages in medical malpractice claims are as follows:

• Medical expenses including the cost of surgery, outpatient procedures, physical therapy, prescriptions, and more
• Lost income if you are unable to return to work right away due to your injuries
• Loss of earning capacity if the injury was so severe, such as a heart attack, that you could not return to the same line of work and must earn a lower income
• Pain and suffering
• Loss of quality of life
• Emotional distress

The above are just a few of the most common types of damages available in medical malpractice lawsuits. A Georgia medical malpractice attorney can review the facts of your case and accurately value your damages so you recover the full and fair settlement you deserve.

How to Prove Medical Malpractice in Georgia

Proving medical malpractice cases is never easy. Medical providers are reluctant to admit guilt and open themselves up to liability and so at first, it may be your word against theirs. It is also challenging to prove medical malpractice because when a patient is already sick or injured, the other side may argue the provider’s actions did not cause medical harm. For example, when a person is being treated for terminal cancer, it can make it more difficult to prove that medical negligence caused the death.

Proving medical malpractice also requires more than just an undesirable result. Doctors and other health care professionals often have to use a trial-and-error approach when treating patients. Even though the first treatment or two may not work, this does not necessarily mean medical malpractice occurred. On the other hand, if the first treatment was not appropriate for the patient’s health situation and they were harmed as a result, this could constitute a medical malpractice.

To prove malpractice, you must prove that another medical provider in the same field would have acted differently. In most cases, this requires obtaining a certificate of merit. A certificate of merit is testimony provided by a medical provider that they would have acted differently in the same situation.

WHAT ARE THE FOUR MAIN STAGES OF A MEDICAL MALPRACTICE LAWSUIT?

The four stages of a medical malpractice lawsuit in Georgia comprise filing a lawsuit, discovery, settlement negotiations, and trial.

Initially, the lawsuit must be filed. Seeking guidance from a medical malpractice attorney is advisable to assess your eligibility for filing a lawsuit and to recognize crucial filing deadlines. Throughout the discovery stage, relevant information and records are collected by the involved parties, including conducting sworn witness interviews.

Settlement negotiations occur as the parties endeavor to resolve the case without resorting to trial. This phase can transpire at any point before trial during the claims process. The trial phase ensues when the parties and their legal representatives present arguments and evidence, which may involve summoning witnesses to testify. Following the conclusion of the trial, a decision is rendered by either the judge (in the case of a bench trial) or the jury (in a jury trial).

HOW CAN OUR GEORGIA MEDICAL MALPRACTICE ATTORNEY HELP YOUR MALPRACTICE CASE?

After being the victim of medical malpractice, you may be tempted to file a claim on your own. This is a mistake. There are many benefits to obtaining legal advice and working with a Georgia medical malpractice attorney. When working on your case, our experienced attorneys will:

Conduct a full investigation to determine who is liable for your injuries

It is necessary to gather medical records related to a malpractice case and determine a strategy for pursuing your rights. We work with medical and other experts to evaluate your condition, treatment, and prognosis.

Collect evidence that will strengthen your case 

we will help you collect evidence to make your case strong.

Reach out to our network of medical experts to provide the necessary testimony in your case

we will represent you, not only in trial but in all communications with responsible parties.

Settlement Negotiations with the liable party for a full and fair settlement

There may be an opportunity to settle a medical malpractice case with the healthcare provider’s insurance provider, which means you need an experienced attorney at your side to protect your interests.

Make sure your medical malpractice lawsuit is filed properly and on time

Since the majority of claims proceed to litigation, it may be necessary to sue the negligent provider that caused your injuries. Our legal team will assist with filing a complaint in court, supported by affidavits, medical documentation, and other paperwork.

Once you sue for medical malpractice in Georgia, we will handle additional court proceedings, discovery, pre-trial motions, status conferences, and other hearings.

The above are just a few ways in which we can help with your medical malpractice claim. Do not try to overcome the challenges these claims present on your own. Our experienced Georgia medical malpractice attorneys have already faced these challenges, and know how to overcome them.

MEET OUR EXPERIENCED GEORGIA MEDICAL MALPRACTICE LAWYERS

Victims of medical malpractice can seek a wide range of economic and non-economic damages under Georgia law. This includes compensation for the victim’s additional medical bills, loss of income, and pain and suffering from errors done by healthcare providers. So if you need to speak with an experienced and compassionate Georgia medical malpractice attorney today. Contact Chance, Forlines, Carter & King, PC, today to schedule an initial consultation. We serve clients all over Georgia and are available either in-person at our Atlanta and Augusta offices, or Virtual , or we can even come to you.

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