What is Considered Medical Malpractice in Georgia?

What is Considered Medical Malpractice in Georgia?

Medical malpractice is a serious concern in Georgia and involves harm caused by the negligence of a medical professional. It occurs when a healthcare provider fails to meet the standard of care that a patient requires, resulting in injury or harm. Patients who believe they have been affected by medical malpractice can pursue legal action, but the process is often complex and requires proving that the healthcare provider’s negligence directly caused the harm.

Medical Malpractice Cases

To initiate a medical malpractice case in Georgia, the plaintiff must prove several key elements. First, it must be shown that a doctor-patient relationship existed, establishing that the healthcare provider owed the patient a duty of care. Next, the plaintiff needs to prove that the healthcare provider breached this duty by failing to meet the standard of care. Most importantly, there must be a direct link between the provider’s breach of duty and the patient’s injury.

Compensation in Medical Malpractice Cases

The compensation a plaintiff can claim in a medical malpractice case depends on the extent of the damages they have suffered. Economic damages include medical bills, rehabilitation costs, and lost wages if the plaintiff is unable to work due to their injuries. Additionally, plaintiffs can seek non-economic damages such as compensation for pain and suffering. In Georgia, the previous cap on non-economic damages was removed in 2010, allowing plaintiffs to seek more substantial compensation based on the severity of their case.

The Role of an Expert Affidavit

In Georgia, plaintiffs filing a medical malpractice lawsuit must submit an expert affidavit along with their complaint. This affidavit is a sworn statement from a medical expert who holds the same qualifications as the defendant. For instance, if the lawsuit is against an obstetrician-gynecologist (OBGYN), the affidavit must come from another OBGYN. The expert will explain how the defendant’s actions deviated from the standard of care, which is crucial in establishing the defendant’s negligence. Without this affidavit, a medical malpractice case in Georgia may not proceed, making it an essential part of the process.

Legal Costs in Medical Malpractice Cases

One of the most common concerns for individuals considering a medical malpractice lawsuit is the cost of legal representation. In Georgia, many medical malpractice attorneys work on a contingency fee basis. This means that the attorney only receives payment if they win the case, and their fee is typically a percentage of the settlement or court award. This arrangement makes it easier for plaintiffs to pursue their cases without worrying about upfront legal fees.

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