When you seek medical treatment, you place your trust—and often your life—in the hands of healthcare professionals. Most doctors, nurses, and hospital staff take that responsibility seriously. But when that trust is broken due to negligence, the consequences can be devastating.
At Lazenby Law Group, we help Georgia families understand their legal options and hold medical professionals accountable when their mistakes cause real harm. Understanding the signs of medical malpractice and knowing your rights under Georgia law can be the first step toward seeking justice.
What Is Medical Malpractice?
Under Georgia law, medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—fails to meet the accepted standard of care, resulting in injury or harm to a patient. The “standard of care” refers to the level of skill, care, and diligence that other qualified professionals would have used in like surrounding conditions and the same or similar circumstances.
To have a valid malpractice claim in Georgia, four key legal elements must be present:
- Duty of Care – A formal provider-patient relationship existed.
- Breach of Duty – The provider acted outside accepted standards of medical care.
- Causation – The provider’s actions directly caused injury or harm that would not have occurred “but for” the provider’s actions.
- Damages – The patient suffered specific, measurable harm.
Where the care occurs may also be a very important consideration. This is because of a different burden of proof for care that occurs in an emergency department or an obstetrical suite. If the care occurs in one of those locations, and the condition of the patient is not stable, the requirement to prove a negligence claim may be heightened to the standard of “gross negligence.”
It’s important to remember that not every poor outcome is malpractice. But when the injury results from negligent or reckless care, patients and families have a legal right to pursue compensation.
Common Signs of Medical Malpractice
Recognizing that something went wrong during medical care can be difficult, especially if providers are vague or uncooperative. However, there are some warning signs that may point to possible malpractice.
- Misdiagnosis or delayed diagnosis of a serious condition
- Surgical errors, such as operating on the wrong site or leaving surgical tools inside the patient
- Birth injuries to mother or child during labor or delivery
- Medication errors, including incorrect drugs or dosages
- Anesthesia mistakes causing severe complications or death
- Failure to treat or follow up, even when symptoms persist
- Unexpected complications without clear explanation
If your instincts tell you something isn’t right, or if your condition worsens after care, you may have reason to investigate further.
Your Legal Rights as a Malpractice Victim in Georgia
Georgia law provides several important rights for victims of medical negligence. These rights focus on achieving justice and financial compensation for victims of medical malpractice.
- The Right to File a Lawsuit
You can file a malpractice claim against any provider—doctor, nurse, hospital, clinic—if negligent care caused you harm. In Georgia, most claims must be filed within two years from the date of injury (O.C.G.A. § 9-3-71). The date of the injury is when the negligent care occurred and NOT when it was “discovered.”
Georgia also has a statute of repose, which limits any claim to five years from the date of the negligent act, even if you didn’t discover the injury right away. This is especially relevant in cases involving surgical errors or slow-developing conditions. The clock is strict, so early legal advice is critical.
- The Right to Compensation
If your claim is successful, Georgia law allows you to recover economic damages, non-economic damages, and occasionally punitive damages as well.
- Economic damages – including medical bills, future treatment costs, and lost income
- Non-economic damages – like pain and suffering, loss of enjoyment of life, or emotional distress
- Punitive damages – in rare, egregious cases where providers acted with reckless disregard
- The Right to Expert Testimony
To file a medical malpractice lawsuit in Georgia, you must include an expert affidavit (O.C.G.A. § 9-11-9.1). This is a sworn statement from a qualified medical expert attesting that at least one act of negligence occurred. In most cases, this affidavit must be filed at the same time as the complaint, or within 45 days in limited circumstances.
- The Right to Medical Records
You have the legal right to obtain your own medical records (O.C.G.A. § 31-33-2). These documents are critical for reviewing what occurred, especially if you suspect mistakes were made or questions have gone unanswered. Note that you do not have the right to access medical records for adult family members without documented authorization, and only a parent or legal guardian of a minor can access their medical records.
- The Right to a Jury Trial and Appeal
If your case goes to court, you have the right to present evidence, call expert witnesses, and have your claim heard by a jury. If there are legal errors during the process, you also have the right to appeal the outcome.
What To Do If You Suspect Malpractice
If you believe you or a loved one may be a victim of medical negligence:
- Do not confront the provider immediately or request internal investigations. Remain calm and neutral while you gather evidence.
- Request all medical records as soon as possible.
- Document your experience, including symptoms, conversations, and changes in condition.
- Seek a second opinion from another provider.
- Consult an experienced medical malpractice attorney who understands Georgia law and has a track record in complex cases.
Take the First Step Toward Justice
Medical malpractice can upend your life—but you don’t have to navigate the aftermath alone. If you suspect negligence played a role in your injury or a loved one’s, the time to act is now.
Medical malpractice cases require deep knowledge of both the law and the healthcare system. At Lazenby Law Group, we have extensive experience helping Georgia clients hold negligent providers accountable. We offer free consultations, work on a contingency fee basis, and treat each client with the care, clarity, and respect they deserve.
Contact Lazenby Law Group today to discuss your case in confidence. We’re here to help you understand your rights, protect your future, and pursue the justice you deserve.
