Important Georgia Medical Malpractice Laws You Need To Know About In 2023
In Georgia, if you or someone you love sustains an injury or dies due to medical negligence, it is possible to recover compensation from the at-fault medical professional through a medical malpractice claim. An attorney will guide you through the process, but even before you speak to an attorney, read on for some insight on some of the most important Georgia medical malpractice laws you need to know about in 2023.
Statute of Limitations
Every state has a law called a “statute of limitations” that limits the amount of time one can file a medical malpractice case in court. It’s crucial that you are aware of this law even if you plan to settle your case outside of court. Here are some of the basic rules regarding Georgia’s statute of limitations in medical malpractice cases:
- If the patient dies from the medical malpractice, the patient’s family has two years from the date of death to file a lawsuit.
- If the patient survives the negligence, but still has compensable injuries, the patient has two years from the date of the malpractice to file a lawsuit.
- If the patient survives a misdiagnosis, the patient has two years from the date of the misdiagnosis to file a lawsuit, but if the misdiagnosis results in a subsequent new injury such as cancer metastasis, the patient has two years from the date of the new injury to file a lawsuit.
- If a medical professional leaves a foreign object in your body, you have one year after discovering the negligence to file a lawsuit.
- Independent of the above rules, Georgia’s statute of repose requires that you file your lawsuit within five years of the date of the medical malpractice.
The “Expert Affidavit” Rule
According to section 9-11-9.1 of the Georgia code, when filing your medical malpractice claim in Georgia, you need to file your claim with an affidavit from an expert competent to testify about the negligent act or omission and the facts that support your claim. If you do not file an expert affidavit, your medical malpractice claim will be dismissed.
Rules on Damage Caps
Damage caps restrict the amount of damages that may be awarded in a case. In Georgia medical malpractice cases, there are no damage caps on economic damages. Therefore, you can recover whatever amount of money you are awarded for economic damages, such as medical expenses and lost earnings. Non-economic damages are also not capped in Georgia medical malpractice cases. In Georgia medical malpractice cases, only punitive damages are capped. In most cases, punitive damages, which only apply in cases where there is proof of willful misconduct, fraud, malice, oppression, or wantonness, are capped at $250,000.
The above are just a few of Georgia’s medical malpractice laws. An attorney can help you understand the above and all the other rules governing medical malpractice cases in Georgia.
Contact an Atlanta Medical Malpractice Attorney
If you or somebody you care about has suffered an injury or you’ve lost someone you care about due to medical negligence, contact our skilled and dedicated Atlanta medical malpractice attorney at Carroll Law Firm today. We can help you hold the at-fault party accountable and recover the compensation you deserve.