You place a lot of trust in medical professionals—after all, they know what's best for your health. Unfortunately, even the best healthcare providers can make mistakes. Your doctor is human and this means there's a possibility for an occasional error despite their best efforts to avoid them. 

Most medical lapses are something more minor like a physician forgetting to sign a prescription. This is annoying, but it's not harmful to your health or life-threatening. 

Other mistakes can lead to health complications and even fatalities. If this happens, it helps to understand the legal elements of a medical malpractice claim. These elements can help you know if you have a claim or only a complaint.

Who's Liable in a Georgia Medical Malpractice Claim?

Georgia allows patients to file a medical malpractice claim against any healthcare professional whose negligence leads to injuries and/or other damages. You must prove negligence to move forward with a medical malpractice claim.

If you're not sure what qualifies as negligence, the legal definition is pretty straightforward. Negligence is any actions or behaviors that either willfully or unknowingly place another individual at risk for injuries. The challenge in a medical malpractice claim is proving whether the healthcare provider is negligent or simply made an honest mistake.So, who can be named in a medical malpractice claim? This can include:

  • Doctors
  • Surgeons
  • Anesthesiologists
  • Nurses
  • Hospitals
  • Hospital staff
  • Healthcare facilities
  • Pharmacists

The pharmaceutical company can also be liable for your damages. If the pharmaceutical company makes an error during the manufacturing process, it may be the liable party.

Determining liability in a medical malpractice claim can be challenging, sometimes more than one party is negligent. This is why it's often best to work with a medical malpractice attorney. They can help determine liability so your claim can move along a little faster.

When Is a Mistake Considered Medical Malpractice?

We mentioned that not all medical errors meet the grounds for a malpractice claim. Healthcare professionals can make honest mistakes and this usually isn't a reason to file a compensation claim. This applies as long as the healthcare provider is exercising reasonable care.

Reasonable care has a pretty broad definition. The legal definition is any actions that you expect a reasonable person to take. For example, a reasonable individual will review a patient's medical file before making a diagnosis. 

So, if a healthcare provider doesn't read a patient's file before prescribing treatment, this isn't considered reasonable care. If the treatment results in health problems, you may be able to file a medical malpractice claim against the healthcare provider.

Some other examples of medical malpractice can include the following:

  • The healthcare provider only identifies obvious symptoms of a patient's complaint instead of performing a thorough diagnosis. Ignoring the other less obvious symptoms can lead to a misdiagnosis. The prescribed treatment may cause additional health issues. The patient's original complaint can worsen and require more intensive medical care.
  • Wrong side surgery. This is a frightening possibility and thankfully, it's also relatively rare. Wrong-side or wrong-site surgery occurs when a physician operates on the wrong area. For example, a patient may go in for kidney surgery, only to have their liver operated on. The organs are located on opposite sides of the body. Equally frightening is wrong patient surgery.
  • The wrong prescription or incorrect dosage amount
  • Failing to order adequate diagnostic screenings

A healthcare provider may also be liable for medical malpractice if they incorrectly read test results. While this can be an honest mistake, your malpractice claim can state that the physician should've spent more time reviewing your tests.

These are only a few examples of common reasons patients file medical malpractice claims. If you believe your healthcare provider is guilty of negligence, talk to an attorney about your potential case.

Statute of Limitations in Medical Malpractice Claims

Like most states, Georgia has a timeline for filing a medical malpractice claim. In other words, you can't wait several years before getting around to filing a claim. This is something you don't want to put off. If the statute of limitations runs out, you're probably not going to be able to file a claim for your damages. There aren't any exceptions to the state's statute of limitations.

Georgia gives you two years to file a medical malpractice claim. The clock starts on the date the incident occurred. The statute of limitations can also kick in when you discover a medical error. Not all medical mistakes are instantly noticeable. Some can take a few weeks or even months to become apparent. In this instance, the statute of limitations starts when you notice the error.

Are Damages Capped in a Medical Malpractice Claim?

Most states have caps on damage amounts awarded in medical malpractice claims but Georgia currently isn't one of them. The caps are in place to help protect the medical profession. If juries are allowed to award unlimited damages, it can lead to rising healthcare costs. To help cover damages awarded in malpractice claims, medical professionals, including healthcare facilities, will need to increase the costs their patients pay.

With that being said, your medical malpractice claim can list both your economic and non-economic losses. If you can prove you suffered the listed damages, you should be able to recover fair compensation. If you're wondering if Georgia previously capped malpractice claims, the answer is yes. Up to 2010, medical malpractice claims in Georgia were capped at $350,000.

How to File a Medical Malpractice Claim in Georgia

If you've suffered damages due to a medical mistake, you may be able to file a malpractice claim against the healthcare provider. This means gathering up all of your medical records, along with any bills, receipts, and even prescriptions. Basically, you're going to need everything related to your current health condition.

You're probably going to need expert testimony from other healthcare professionals. Their testimony will help support your malpractice claim. Something else you should consider before filing your claim is consulting with a medical malpractice attorney. Your attorney can help you navigate the often complex legal process so you can focus on recovering from the medical mistake.