Medical Malpractice Attorney in Georgia

Modern medicine is one of the great benefits of living in the present day. Access to high-quality healthcare from competent and highly skilled professionals allows us to overcome illnesses and injuries so that we can better enjoy our lives. However, when you receive treatment from a doctor or medical institution that does not meet an acceptable professional standard, you might suffer further harm due to their negligence. The consequences of medical malpractice include more severe injuries or illnesses, spiraling medical costs, and profound pain and suffering.

If you have suffered harm due to the negligence of a medical professional in Georgia, an experienced attorney can help you recover the medical malpractice compensation you deserve for your losses. The knowledgeable and skilled lawyers at Bayuk Pratt have more than 50 years of combined legal experience, and we know what it takes to win against negligent medical establishments and their high-powered insurance companies. With over $300 million recovered on our clients’ behalf, we know what it takes to fight — and win.

Contact us today for a free consultation with a Georgia medical malpractice lawyer and learn more about how we can pursue the justice you deserve.

What a Georgia Medical Malpractice Attorney Can Do for Your Case

Standing up to a large medical establishment after a doctor’s negligence has caused harm can feel almost impossible. Those who attempt to initiate a medical malpractice case alone often end up feeling frustrated and disappointed. The insurance companies representing doctors and medical institutions are eager to do whatever is necessary to avoid paying out the large sums of money that medical malpractice victims deserve. They may employ numerous tactics to shift the blame onto the injured individual, create unnecessary delays, and deny valid claims.

At Bayuk Pratt, our attorneys have significant experience defending large corporations against injury claims, so we have inside knowledge of insurers’ tactics. We use that knowledge to help you get the compensation you deserve. When you work with our team, we will use our unique insights and skillset to maximize your chances of a full and fair recovery. We will:

• Investigate the incident to gather evidence of what the negligent medical professional did, what they should have done, and how their actions adversely affected you
• Calculate the total value of your past, present, and future malpractice-related losses
• Negotiate aggressively with the insurance company to secure a fair settlement package that will meet your needs
• File a medical malpractice lawsuit against the negligent professional or institution if the insurer refuses to give you the compensation you deserve

Recoverable Compensation from a Georgia Medical Malpractice Claim

In a successful Georgia medical malpractice claim, you may be able to recover three main types of damages.

Economic Damages

Economic damages compensate you for the measurable financial losses you have suffered due to the malpractice. These may include medical expenses, lost wages, and reduced future earning capacity. You must provide evidence such as medical bills and pay stubs to prove the value of your economic damages.

Non-Economic Damages

Non-economic damages cover intangible losses such as pain and suffering, emotional distress, and reduced quality of life. Since these losses aren’t straightforwardly measurable, your attorney will use their knowledge of similar cases to determine a fair value for your non-economic damages.

Punitive Damages

In rare cases involving particularly egregious or intentional misconduct, you may also be able to recover punitive damages. These damages are meant to punish the wrongdoer and deter similar misconduct in the future. Georgia law caps punitive damages at $250,000 in medical malpractice cases.

Who Can Commit and Be Held Responsible for Medical Malpractice?

Any licensed healthcare professional or entity can potentially commit medical malpractice and be liable for the resulting harm. This includes:

If an employee such as a nurse commits malpractice while working within the scope of their employment, the company or institution that employs them can often be held vicariously liable for the harm. An experienced medical malpractice attorney in Georgia can identify all parties who may share liability in your case.

How Do You Prove Liability in Medical Malpractice Cases?

To prove liability in a Georgia medical malpractice case, you must establish that:

• A doctor-patient relationship existed between you and the healthcare provider
• The provider delivered care that fell short of accepted medical standards
• The provider’s substandard care directly caused your injury or illness
• You suffered harm that the law can compensate you for, such as additional medical bills, lost income, pain and suffering, or reduced quality of life

An experienced medical malpractice attorney can gather the necessary evidence, find qualified expert witnesses, and craft compelling legal arguments to prove these elements and establish liability in your case.

What Are the Requirements for Filing a Medical Malpractice Claim in Georgia?

To file a medical malpractice claim in Georgia, you must meet several key requirements, including:

• Statute of Limitations – With limited exceptions, you must file your claim within two years of the date of injury.
• Affidavit of Expert – You must file an affidavit from a qualified medical expert along with your lawsuit. The expert must testify that they reviewed your medical records and believe there is evidence of at least one negligent act.
• Quantifiable Losses – You must have suffered actual harm, such as additional medical bills, lost income, or pain and suffering due to the malpractice.

An experienced medical malpractice attorney can help ensure that you meet all applicable requirements and file your claim in a timely and proper manner.

Is There a Deadline for Filing a Medical Malpractice Claim in Georgia?

Georgia law has established a statute of limitations for medical malpractice claims. Under this law, a claimant has a maximum of two years from the date of injury or death to initiate a medical malpractice lawsuit. The court will likely bar claims made after this limitations period expires, preventing you from recovering the compensation you deserve.

However, there are some exceptions to this general deadline. For example, in cases involving foreign objects being left in a patient’s body during surgery, a lawsuit can be filed anytime within one year of the discovery of the object. In cases where the patient is a minor, the deadline may depend on the child’s age at the time of the injury or when it was discovered. In some cases, a claim can be made any time before the patient’s 20th birthday.

Exceptions apply in other circumstances as well. It is essential to consult with an experienced medical malpractice attorney from Bayuk Pratt as soon as possible. In doing so, we can tell you whether any exceptions apply to your case and ensure you do not miss the relevant statutory deadline.

How Is Medical Malpractice Legally Defined in Georgia?

Under Georgia law, medical malpractice is defined as when an injury results from a healthcare provider’s lack of reasonable care and skill. In essence, a court will determine whether a doctor or other medical professional caused harm by failing to do what a reasonable professional would have done in the same situation.

Common Forms of Medical Malpractice

While medical malpractice can take many forms, some of the most common include the following:

Birth Injury

Negligent prenatal care or errors during labor and delivery can cause serious harm to the mother and baby. Examples include failure to perform a necessary C-section, improper use of forceps or vacuum extractors, and failure to diagnose and treat conditions like preeclampsia or gestational diabetes.

Misdiagnosis

Failing to correctly diagnose a patient’s condition can lead to delayed or improper treatment that allows the condition to worsen. Misdiagnosis is especially harmful when the patient has a progressive illness like cancer.

Medication Errors

Mistakes in prescribing, dispensing, or administering medication are a common and dangerous form of malpractice. These may include prescribing the wrong drug, failing to check for allergies or interactions, or giving a patient an improper dose.

Surgical Error

Negligent mistakes during surgery can cause severe complications like hemorrhage, organ perforation, or infection. Examples include wrong-site surgery, leaving instruments in the body, or causing anesthesia-related complications.

Anesthesia Error

Anesthesiologists and nurse anesthetists must carefully monitor patients to ensure they stay safe during and after surgical procedures. Failing to properly assess a patient, administer the anesthesia, or monitor vital signs can lead to brain damage, stroke, heart attack, or death.

Common Medical Malpractice Injuries

Some of the most common injuries that result from medical negligence include:

If you or a loved one has suffered one of these or any other injury due to substandard medical care, an experienced medical malpractice attorney can help you understand your legal rights and options.