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Georgia Medical Malpractice

When someone in Georgia is injured or dies in a medical setting--either because of a medical professional's actions or because of their inaction--a patient or his or her family will often consider a Georgia medical malpractice lawsuit.

What Is Medical Malpractice in Georgia?

According to Wikipedia's definition of medical malpractice:

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

Do You Have a Georgia Medical Malpractice Case?

At a basic level, you must prove two things to be successful in a Georgia medical malpractice case:

  • The doctor or medical professional treating you made a mistake
  • You were harmed as a result of that mistake

In determining whether the Georgia medical professional made a mistake, the Georgia court will look at the medical standard of care. In other words, what is the generally accepted method of treating patients in your area with similar medical problems? For example, the standard of care for a 90-year-old stroke patient in Georgia would not necessarily be the same as the standard of care for a 45-year-old stroke patient in Illinois.

Not only must you show that the Georgia doctor's act or omission was a mistake, but you must also prove that this mistake injured you.

In other words, you probably do not have a valid Georgia medical malpractice claim if your doctor treated you according to the medical standard of care in your area in Georgia. And you probably would not have a valid medical malpractice claim if you were not harmed by the doctor's treatment, even if it did violate the standard of care in Georgia.

Who Can Commit Medical Malpractice?

Doctors, nurses, dentists, technicians, hospitals, and hospital workers can all commit medical malpractice, according to the American Bar Association.

Your Georgia medical malpractice attorney can advise you whether you have a valid Georgia medical malpractice claim and against whom you have a potential claim.

How Long Do You Have to File a Medical Malpractice Lawsuit?

Every state's has a statute of limitations, or time period in which you can file a civil lawsuit against another party, such as a doctor or nurse. The Georgia medical malpractice statute of limitations is two years.

If you and your Georgia medical malpractice lawyer are unable to negotiate a settlement with the person at fault in your medical malpractice case, you should consider filing a lawsuit before the statute of limitations runs out.

Additional Georgia Medical Malpractice Resources

The Bureau of Justice Statistics information on medical malpractice trials

American Bar Association's medical malpractice resources

The Henry J. Kaiser Family Foundation's report on Medical Malpractice Law in the United States

Georgia's Partnership for Health & Accountability

Georgia Composite Medical Board