Medical Malpractice Lawyer in Atlanta, Georgia

Pursuing Compensation With a Medical Malpractice Lawyer After Medical Errors

A medical malpractice lawyer can help when negligent medical care leaves you facing additional treatment, physical pain, medical bills, lost income, and questions about whether the harm could have been prevented. A missed diagnosis, surgical error, medication mistake, or other serious medical error can disrupt your health and place added pressure on your family and finances.

Greathouse Trial Law can investigate the medical care involved, review medical records, identify the healthcare providers involved, and evaluate whether the evidence supports a medical malpractice claim. The legal team can also address insurance company defenses, disputes about pre-existing conditions, questions about causation, and Georgia filing requirements while preparing the case for settlement discussions or litigation when appropriate.

Early review can provide more time to gather medical records, preserve evidence, consult qualified medical professionals, and evaluate the deadlines that may apply to your claim. If you or a family member suffered harm from substandard medical care, call (678) 310-2827 or complete our confidential online form to schedule a free consultation today.

Key Takeaways

Medical malpractice cases can raise difficult medical and legal questions, but several points can help clarify what may happen next:

• The evidence generally must show that a healthcare provider failed to meet the applicable standard of care and that the failure caused harm.
• Many medical malpractice lawsuits require an affidavit from a properly qualified medical professional when the complaint is filed.
• Georgia generally applies a two-year limitation period to medical malpractice actions and also has a five-year statute of repose, subject to statutory rules that may affect particular circumstances.
• Hospital charts, physician notes, imaging, laboratory reports, prescriptions, nursing records, and other documentation can help reconstruct the care provided.
• Doctors, medical practices, hospitals, nurses, and other healthcare providers may become part of the liability analysis depending on the facts.
• Medical malpractice cases may require substantial medical-record review and consultation with qualified medical professionals before filing.
• Greathouse Trial Law can investigate the medical care involved, review medical records, identify potentially responsible healthcare providers, address insurance company defenses, and prepare a medical malpractice claim for settlement discussions or litigation when appropriate.

What Is Medical Malpractice?

A medical malpractice claim is a civil action that can allow an injured patient to pursue financial recovery for physical harm, additional medical care, lost income, and other losses caused by professional medical negligence.

Under O.C.G.A. § 51-1-27, a person practicing surgery or administering medicine for compensation must exercise a reasonable degree of care and skill. When a medical professional fails to meet the applicable standard of care and that failure causes an injury, the patient can have a basis to pursue a medical malpractice claim.

A civil medical malpractice case is different from a licensing review by an agency such as the Georgia Composite Medical Board:

• A licensing review focuses on a medical professional’s license and whether disciplinary action may be appropriate.
• A civil lawsuit focuses on whether medical negligence caused harm and what compensation the injured person may be able to pursue.

In a medical malpractice lawsuit, the injured person generally must prove liability by a preponderance of the evidence. Georgia courts generally require proof that the medical professional owed a duty, failed to use the required degree of skill and care, and that this failure caused the patient's injury.

Depending on the circumstances, a claim may involve an individual medical professional, medical practice, hospital, or another healthcare entity whose conduct contributed to the injury.

The Legal Elements of Medical Negligence

Establishing liability in a medical malpractice case generally requires showing that the healthcare provider failed to meet the required standard of care and that this failure caused the patient’s injury.

Breach of the Professional Standard of Care

The injured patient generally must show that the healthcare provider failed to exercise the degree of care and skill required under the circumstances. The applicable standard looks to the care and skill ordinarily used by the medical profession under similar conditions.

This may involve evaluating the provider’s diagnosis, treatment decisions, surgical care, monitoring, or other medical care against accepted medical standards.

Proximate Causation

The injured patient must also connect the healthcare provider’s failure to the injury or death. A complication or worsening of the patient’s condition is not enough by itself to establish medical negligence. The evidence must support that the departure from the standard of care caused or contributed to the harm.

Georgia courts continue to require proof of proximate causation in medical malpractice cases, even when there is evidence of negligence.

Compensable Damages

The patient must also have harm that can support a claim for damages. Depending on the circumstances, those losses may include additional medical expenses, corrective treatment, lost income, reduced earning capacity, permanent disability, physical pain, or other losses recognized under Georgia law.

Evidence That Can Support a Medical Malpractice Claim

Building a strong case file can involve gathering several forms of evidence to evaluate the medical care, document the patient’s injuries, and prepare the claim for filing when appropriate.

• Complete Medical Records: Hospital charts, physician orders, nursing notes, consultation reports, operative reports, and discharge summaries can help show what care was provided and when.
• Electronic Health Record Audit Trails: In some cases, electronic audit information may show timestamps, record access, later entries, or changes within a patient’s medical chart. These records can become part of discovery when the timing or history of electronic documentation is disputed.
• Diagnostic Imaging and Laboratory Data: X-rays, MRI scans, CT scans, pathology reports, laboratory findings, and other diagnostic materials can provide important information about the patient’s condition and treatment.
• Billing and Financial Documentation: Itemized hospital bills, insurance statements, pharmacy receipts, wage records, and other financial documents can help show economic losses connected to the injury.
• O.C.G.A. § 9-11-9.1 Affidavit: In many professional malpractice actions, Georgia law requires the plaintiff to file with the complaint an affidavit from a qualified medical professional who is competent to testify. The affidavit must identify at least one negligent act or omission and the factual basis for the claim.
• Prescription and Medication Administration Records: Pharmacy records and medication administration records can help document the drug prescribed or administered, the dosage, timing, and method of administration.

Who Can File a Medical Malpractice Claim?

Georgia law determines who can bring a medical malpractice lawsuit based on who suffered the injury and whether the case involves personal injury or wrongful death.

The Injured Patient

An adult patient who suffers harm because of medical negligence can generally bring a personal injury claim in their own name. If the patient lacks legal capacity, another authorized person can act on the patient’s behalf under Georgia law.

Parents or Legal Guardians of Minor Patients

When medical negligence harms a child, a parent, legal guardian, or other authorized representative can bring a claim on the child’s behalf. The child’s personal injury claim and claims involving medical expenses can raise separate legal issues, so the proper party depends on the circumstances.

Surviving Family Members in Wrongful Death Actions

Under O.C.G.A. § 51-4-2, a surviving spouse can bring a wrongful death claim for the death of a spouse. If there is no surviving spouse, the surviving child or children can bring the claim. Georgia law also contains separate rules for the wrongful death of a child.

If no person has the right to bring the wrongful death claim under the applicable Georgia statutes, the administrator or executor of the estate can bring the action for the benefit of the next of kin under O.C.G.A. § 51-4-5. That section also allows the personal representative to pursue certain funeral, medical, and other necessary expenses connected with the injury and death.

Guardians or Conservators for Incapacitated Adults

If a medical error causes severe cognitive impairment or another condition that affects a person’s legal capacity, a court-appointed guardian, conservator, or other authorized representative can act on that person’s behalf when the court grants the necessary authority.

Benefits of Working With a Medical Malpractice Attorney in Atlanta, Georgia

Dealing with hospital risk management departments, complex medical records, and Georgia filing requirements can place added pressure on someone already coping with an injury. A medical malpractice attorney can handle these legal and procedural issues while keeping the case organized and moving forward.

• Medical Record Preservation: Legal counsel can act quickly to preserve electronic health record data, device logs, medical records, and other evidence that could become important to the claim.
• Qualified Medical Review: Attorneys can work with appropriately qualified medical professionals to evaluate medical charts, assess the standard of care, and address Georgia’s affidavit requirements.
• Responsible Party Identification: Lawyers can investigate potential defendants, including hospital systems, physician groups, independent contractors, staffing agencies, and other healthcare providers involved in the treatment.
• Filing Deadline Management: Legal counsel can track statutes of limitations, the statute of repose, and other filing requirements that could affect the ability to pursue a medical malpractice claim.
• Trial Preparation: Trial lawyers can prepare pleadings, conduct depositions, develop medical evidence, and prepare the case for court if settlement discussions do not resolve the dispute.

How the Medical Malpractice Process Works With Greathouse Trial Law

Greathouse Trial Law can guide you through each stage of a medical malpractice claim, from the initial free consultation through settlement discussions or litigation when appropriate.

Step 1: Comprehensive Initial Case Evaluation

The legal team gathers details about your medical treatment, reviews the timeline, identifies the healthcare providers involved, and evaluates whether the applicable filing deadlines remain open for your claim.

Step 2: Medical Record Retrieval and Review

Legal counsel requests relevant medical records, diagnostic imaging, and electronic audit information from hospitals, clinics, and medical offices to evaluate the care involved and build a clear treatment timeline.

Step 3: Medical Review and Affidavit Preparation

A properly qualified medical professional reviews the medical records, evaluates the applicable standard of care, and, when required, prepares an affidavit under O.C.G.A. § 9-11-9.1 identifying at least one alleged negligent act or omission and the factual basis for the claim.

Step 4: Formal Civil Complaint Filing

Your lawyer prepares and files the complaint in the appropriate court and arranges service on the healthcare providers, medical practices, hospitals, or other entities named in the lawsuit.

Step 5: Discovery, Depositions, and Settlement Negotiations

Both sides exchange written discovery, gather additional records, and conduct depositions of parties, medical professionals, and other witnesses. Settlement discussions can take place during this stage, and if the case is not resolved, the legal team can continue preparing it for trial.

Medical Malpractice Matters We Handle

Medical negligence can happen in hospitals, surgical centers, doctors’ offices, and other healthcare settings. Greathouse Trial Law handles medical malpractice cases involving issues such as:

• Surgical Errors and Retained Objects: Representing patients harmed by wrong-site surgery, organ damage, surgical instruments or materials left inside the body, and other preventable surgical errors.
• Delayed Diagnosis and Misdiagnosis: Handling claims involving failures to order appropriate testing, missed warning signs, delayed diagnosis, or an incorrect diagnosis that allows a serious condition to worsen.
• Medication and Dosage Errors: Assisting people harmed by the wrong medication, incorrect dosage, unsafe drug interactions, or mistakes in how medication is administered.
• Birth Injuries and Labor Negligence: Representing families when medical negligence during pregnancy, labor, delivery, or newborn care contributes to oxygen deprivation, brain injury, fractures, or other serious harm.
• Anesthesia and Monitoring Errors: Handling claims involving improper anesthesia dosage, inadequate monitoring, oxygen-related injuries, or failures to respond to changes in a patient’s condition.
• Hospital Discharge and Follow-Up Errors: Assisting patients harmed by premature discharge, inadequate follow-up instructions, or failures to respond to warning signs after treatment.

Why Work With Greathouse Trial Law

A sudden medical injury can leave you dealing with physical pain, additional treatment, time away from work, and growing financial pressure. Communicating with hospital representatives and insurance companies can add even more stress while you are trying to focus on your health and family.

Greathouse Trial Law provides personal attention and handles the legal process involved in a medical malpractice claim so you can focus on your recovery. The team can investigate the medical care involved, gather records, communicate with insurance companies and defense attorneys, and prepare the case for litigation when necessary.

Greater With Greathouse: Take Action After Medical Malpractice

Taking prompt action after a medical injury can give your attorney more time to request medical records, preserve available evidence, and review the treatment involved before important filing deadlines pass. Early preparation can also provide time to consult qualified medical professionals and address Georgia’s affidavit requirements when they apply.

Legal representation can also help balance the pressure of dealing with hospital defense teams and insurance companies while you focus on your health and recovery. Greathouse Trial Law can handle communications, gather medical records, evaluate the claim, and prepare the case for litigation when appropriate.

Call (678) 310-2827 or complete our confidential online form to schedule a free consultation today. Greathouse Trial Law represents injured people throughout Atlanta, Georgia, and surrounding communities.

Discover why it’s Greater with Greathouse Trial Law!