Medical Malpractice in Georgia

The statute of limitations for medical malpractice claims in Georgia is two years from the date of injury. However, if the malpractice wasn’t discovered immediately, you may have up to five years from the date of the negligent act to file.

To win a case, you must prove:

 1. A doctor-patient relationship existed.

 2. The doctor breached the standard of care.

 3. The breach directly caused harm.

 4. You suffered damages as a result.

It depends. Some doctors are independent contractors, meaning the hospital isn’t responsible for their mistakes. However, if hospital staff (nurses, technicians) were negligent, or if the hospital failed to properly screen a doctor, they may be liable for malpractice.

Yes. Signing a consent form does not give doctors permission to act negligently. If a doctor made an avoidable mistake, you may still have a claim.

Not every bad outcome in medical treatment qualifies as malpractice. To have a valid claim, you must prove that a doctor, nurse, or healthcare facility failed to meet the accepted standard of care, leading to avoidable harm.

You may have a medical malpractice claim if:

✔ A doctor misdiagnosed or failed to diagnose a serious condition.

✔ A surgical error resulted in complications or further injury.

✔ A medication error caused harm due to an overdose, incorrect prescription, or allergic reaction.

✔ A birth injury occurred due to improper labor and delivery practices.

✔ A hospital-acquired infection was caused by unsanitary conditions.

✔ A healthcare provider failed to follow proper procedures, leading to preventable injury.