Medical Negligence Examples in Georgia [Updated]

When a patient sees their healthcare provider, there’s a level of subconscious trust they have. When the medical team fails the patient and commits medical malpractice, it can feel overwhelming. If you may have been a victim of such an act, researching medical negligence examples in Georgia can help you determine if you’re eligible to pursue a legal case against your provider.

Hire a Medical Negligence Lawyer to Navigate Your Case

At The Tolson Firm, LLC, our focus is on representing our clients after traumatic events. We know it may feel hopeless when your healthcare provider fails you. A medical negligence attorney can seek the compensation you deserve.

Our team of proud Black attorneys has over 30 years of professional experience, helping Georgia residents secure the justice they need.

The Prevalence of Medical Malpractice in Georgia

According to the American Medical Association, 31% of all physicians in the United States have had a legal case opened against them at some point in their careers. Medical malpractice happens when mistakes are made, and harm is caused by a:

• Doctor
• Nurse
• Hospital
• Any other healthcare provider

These errors can lead to injuries, disabilities, or even death. When people are hurt because a medical provider didn’t follow proper care standards, they can file a legal claim to recover compensation.

It’s impossible to talk about medical negligence without discussing the disparity in healthcare treatment for women and people of color. OB/GYNs are 33.6% more likely to have had a legal case opened against them compared to other kinds of doctors.

Around 1,264 out of 5,055 American women surveyed said that a healthcare provider had treated them unfairly or with disrespect between 2022 and 2024. The top causes of this mistreatment were weight, age, gender, and race.

Compared to 21% of white women reporting mistreatment, 26% of Black women and 25% of Hispanic women reported mistreatment. If you’ve faced medical negligence, it’s important to hire a medical negligence lawyer to represent you.

Common Examples of Medical Negligence

There are a variety of medical negligence situations. The most common ones can include:

• Misdiagnosis or delayed diagnosis. This happens when a doctor gets the diagnosis wrong or takes too long to figure out what is going on, causing a patient to get the wrong treatment or no treatment at all. This delay can make an illness much worse.
• Medication mistakes. This can include giving the wrong medication, the wrong dose, or something that causes a dangerous reaction because the provider didn’t check for allergies or drug interactions.
• Errors during surgery. This can involve operating on the wrong part of the body, injuring nearby organs or nerves, or leaving a tool or sponge inside the patient.
• Childbirth injuries. During pregnancy, labor, or delivery, mistakes can harm the mother, the baby, or both. Injuries might involve a lack of oxygen, nerve damage, broken bones, or conditions like cerebral palsy that can affect a child for life.
• Situations where a doctor didn’t warn a patient about the risks of a procedure or treatment. Patients have the right to understand possible complications so they can make informed decisions. If a doctor leaves out important information and the patient is harmed, it may count as malpractice.

Evidence to Gather for Your Medical Negligence Case

When courts make a decision about your case, they’ll rely on the evidence provided by both sides. Having as much diverse evidence as possible is key to a successful outcome. Proof can vary by case, but it generally includes:

• Your medical records
• Your medical bills and any other financial losses, such as lost income
• Detailed, timestamped notes on your emotional pain after the incident
• Professional testimony on what they believe caused your injuries
• Testimony from anyone who witnessed the incident
• 911 calls
• Security footage
• Photos and videos of your visible injuries

FAQs

How Long Do I Have to File My Medical Negligence Case in Georgia?

Georgia medical negligence laws allow you two years to file your medical negligence claim. This timeline starts from the day you discovered your injuries or should have reasonably discovered them. However, most cases have a five-year absolute deadline. This means that, even if you discovered your injuries years later, you can’t file a legal claim if it’s been more than five years. While this timeline may seem long, it’s critical to file quickly to increase your chances of success.

What Is Georgia’s Comparative Negligence System?

Georgia courts operate under a comparative negligence system to assign percentages of fault when determining the outcome of a personal injury case. If multiple parties were involved, they’ll only pay what their percentage of fault is. If you’re found to be partially at fault, your final compensation will be reduced by that percentage. For example, if you won $100,000 but were found to be 20% at fault, your final compensation would be $80,000.

What Kinds of Damages Can I Seek in Medical Negligence Cases?

You can generally pursue two main types of damages in a medical malpractice case. The first is economic damages. These are financial losses, such as your piling medical bills and any lost income. The other type is non-economic damages, which are emotional losses. These can include pain and suffering and loss of enjoyment of life.

What Are Punitive Damages?

Punitive damages are a specific type of damages. They can only be awarded in unique cases of extreme malice or negligence. For example, if your healthcare provider was drunk during your surgery, they may have to pay punitive damages as further punishment. These damages are also meant to deter any similar actions from happening in the future. Your medical negligence attorney can determine if punitive damages can be requested in your situation.

Choose an Experienced Personal Injury Law Firm in Georgia

Reach out to The Tolson Firm, LLC, today to set up your confidential consultation at our office. There, you can learn more about how we can help you. Our lawyers spend their days fighting tirelessly for our clients. We’re proud of the work we do and believe everyone has the right to access skilled legal services. Let us be the team to represent you through your legal case.