Question 1

What qualifies as medical malpractice?

Accepted Answer

Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes serious harm. This includes situations like surgical errors, misdiagnosis, delayed diagnosis, medication mistakes, or failure to properly monitor a patient. The key factor is whether another competent medical professional would have made a different decision under the same circumstances. Not every bad outcome is malpractice. The law focuses on preventable mistakes that lead to significant injury or death.

Question 2

How do I know if I have a medical malpractice case?

Accepted Answer

A valid medical malpractice case requires more than just a bad medical result. The law asks whether a healthcare provider failed to meet the standard of care and whether that failure caused serious harm. To move forward with a claim, there must be evidence of a doctor-patient relationship, proof that the provider was negligent, and a clear connection between that negligence and the injury. Cases involving catastrophic injuries—like brain damage, paralysis, amputation, or wrongful death—often meet this threshold because the consequences of the mistake are so severe. If you suspect that medical care made things worse instead of better, the next step is to have an experienced attorney review your medical records. A skilled lawyer will consult medical experts to determine whether the outcome could have been prevented if proper care had been given.

Question 3

How long do I have to file a medical malpractice lawsuit?

Accepted Answer

In Georgia, the statute of limitations for medical malpractice is two years from the date the injury occurred. There are some exceptions, like cases involving a foreign object left in the body or when the injury could not have been discovered right away. However, there is also a hard deadline called the statute of repose, which bars any claim filed more than five years after the date of the negligent act, no matter when the harm was discovered. Because these time limits are strict, it’s important to consult an attorney as soon as possible.

Question 4

How much does it cost to hire a medical malpractice attorney?

Accepted Answer

Most medical malpractice attorneys work on a contingency fee basis. This means you pay nothing upfront. The attorney only collects a fee if they successfully recover compensation on your behalf. The fee is typically a percentage of the settlement or verdict. During your first consultation, the attorney should explain exactly how the fee structure works and what percentage they charge.

Question 5

What kind of compensation can I recover in a medical malpractice case?

Accepted Answer

Medical malpractice compensation is meant to address both the financial losses and the human suffering caused by serious medical errors. This can include payment for medical expenses, lost income, and the cost of future care. It also accounts for non-economic harm like pain, suffering, disability, disfigurement, and loss of enjoyment of life. In wrongful death cases, the law allows families to recover damages for the full value of the life lost. The amount of compensation depends on how severely the injury has impacted your life. Georgia law does not place a cap on these damages, allowing juries to decide what is fair based on the facts of each case. The more devastating and permanent the injury, the higher the potential recovery.

Question 6

How long does a medical malpractice case take?

Accepted Answer

Medical malpractice cases are complex and often take longer than other types of injury claims. It’s common for a case to take one to three years from start to finish, depending on the severity of the injury, the amount of medical evidence involved, and whether the case goes to trial or settles out of court. Building a strong case requires expert reviews, depositions, and sometimes lengthy negotiations with hospitals or insurance companies.

Question 7

Do I need expert witnesses for a medical malpractice case?

Accepted Answer

Yes. Under Georgia law, medical malpractice claims require an affidavit of expert from a qualified healthcare professional who can explain how the standard of care was violated. These expert witnesses help establish what should have been done differently and how that failure caused harm. Without expert testimony, courts will often dismiss malpractice claims before they reach a jury.

Question 8

What is the difference between a bad outcome and medical malpractice?

Accepted Answer

Not every negative result from medical care is malpractice. Even when doctors follow proper procedures, some treatments carry risks, and some conditions worsen despite correct care. Medical malpractice happens when a provider makes a preventable mistake that another qualified professional would not have made under the same circumstances. The difference comes down to whether the harm was avoidable if proper standards had been followed.

Wrongful Death Attorney Serving North Georgia

Your North Georgia Wrongful Death Legal Experts

What is a wrongful death accident?

How can you help me?

Why should I choose Leibel Law?

What should I do?

Learn More About Wrongful Death Lawsuits in Georgia

What qualifies as a wrongful death in Georgia?