Holding Negligent Healthcare Providers Accountable
When you trust a doctor, hospital, or healthcare provider with your health, you expect competent and ethical care. But when that trust is broken due to medical negligence or substandard treatment, the consequences can be devastating—physically, emotionally, and financially.
At McArthur Law Firm, our Roswell, GA medical malpractice lawyers are here to stand up for your rights and help you pursue the compensation you need to move forward.
Whether you’ve been harmed by a misdiagnosis, surgical error, birth injury, or any form of medical mistake, we are ready to hold healthcare professionals accountable and fight for justice on your behalf.
Call us today at 404-565-1621 or use our online contact form to get a free case evaluation. Our medical malpractice attorneys in Roswell are ready to help you recover with experienced legal representation.
What Qualifies as Medical Malpractice in Georgia?
Not every negative outcome at the doctor’s office is malpractice. To have a valid medical malpractice claim in Georgia, four legal elements must be present:
- Duty of Care: The healthcare provider owed you a professional duty of care.
- Breach of Duty: That provider failed to meet the accepted standard of care.
- Causation: That failure directly caused your injury or worsened your condition.
- Damages: You suffered measurable harm—physical, emotional, or financial—as a result.
Under O.C.G.A. § 51-1-27, Georgia law requires that a medical professional exercise “a reasonable degree of care and skill” when treating patients. When they fail to do so, and that failure results in injury or death due to medical malpractice, a lawsuit may be appropriate.
Common Types of Medical Malpractice Cases in Roswell, GA
At McArthur Law Firm, we’ve handled a wide range of complex malpractice cases across Georgia. Some of the most common forms of medical negligence we see in Roswell include:
| Type of Malpractice | Description |
|---|---|
| Misdiagnosis / Delayed Diagnosis | Failing to diagnose conditions like cancer, stroke, or heart disease in time. |
| Surgical Errors | Wrong-site surgery, leaving instruments inside the body, or causing nerve damage. |
| Anesthesia Errors | Administering incorrect doses or failing to monitor the patient. |
| Birth Injuries | Harm to newborns caused by poor delivery technique or failure to respond to distress. |
| Medication Errors | Prescribing the wrong drug or dosage, or failing to check for harmful interactions. |
| Hospital Negligence | Unsanitary conditions, understaffing, or lack of supervision causing patient harm. |
Each of these scenarios can result in life-changing consequences. If you or a loved one have been a victim of medical malpractice, it’s critical to consult a qualified Roswell medical malpractice attorney as soon as possible.
Why You Need an Experienced Medical Malpractice Attorney
Medical malpractice cases are among the most complex and aggressively defended types of personal injury claims. Here’s why working with McArthur Law Firm gives you an edge:
- Deep Legal Knowledge: Georgia has specific rules, including expert affidavit requirements under O.C.G.A. § 9-11-9.1, which require an expert medical professional to sign off on your case from the outset.
- Medical Expertise: We work with seasoned medical experts who can identify breaches in the standard of care.
- Trial-Ready Approach: Our attorneys are not afraid to take hospitals or insurers to court if they refuse fair settlements.
- No Upfront Costs: We operate on a contingency fee basis, so you don’t pay unless we recover money for you.
When your future is on the line, don’t trust your case to a general practitioner—trust Roswell personal injury lawyers with a proven track record in medical negligence cases.
Who Can File a Medical Malpractice Lawsuit in Roswell?
In Georgia, a medical malpractice claim can be brought by:
- The injured patient (if mentally and legally capable).
- The legal guardian of a minor or incapacitated person.
- The surviving spouse or family members in the case of wrongful death under O.C.G.A. § 51-4-2.
You generally have two years from the date of the injury—or its discovery—to file a claim. However, Georgia imposes a five-year statute of repose, which means no claim can be filed more than five years after the malpractice occurred, even if you discovered the injury later.
There are limited exceptions to these deadlines, such as in cases involving foreign objects left in the body, which extend the discovery window. That’s why it’s so important to contact a medical malpractice lawyer in Roswell as soon as you suspect something went wrong with your medical care.
Compensation Available in a Medical Malpractice Lawsuit
If you’ve been injured by a negligent doctor or hospital, you may be entitled to recover damages, including:
| Category | Examples |
|---|---|
| Medical Expenses | ER visits, surgeries, follow-up care, rehabilitation, medications |
| Lost Wages | Missed work, reduced earning potential, loss of future income |
| Pain and Suffering | Physical pain, emotional trauma, disfigurement |
| Loss of Consortium | Damages suffered by a spouse due to the victim’s injury |
| Punitive Damages | In rare cases involving gross negligence or willful misconduct |
Georgia law does not cap economic damages, and since 2010, there has also been no cap on non-economic damages, thanks to a Georgia Supreme Court decision in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt.
This allows victims in Roswell to pursue full compensation for all the harm they’ve endured.
What to Expect During a Medical Malpractice Lawsuit
The legal process for a malpractice claim in Georgia typically includes:
- Investigation: Gathering records, identifying expert witnesses, reviewing your treatment history.
- Filing the Claim: Including a signed affidavit from a medical expert.
- Discovery: Exchanging information with the defendant hospital or provider.
- Settlement Negotiations: Your attorney will attempt to negotiate a fair settlement.
- Trial (if needed): If no settlement is reached, your case may proceed to court.
McArthur Law Firm will handle all of this for you—from start to finish—so you can focus on healing.
Real-World Impact of Medical Malpractice in Georgia
Medical negligence isn’t just a theoretical issue—it affects thousands of Georgians every year. According to a 2022 report from the Georgia Composite Medical Board:
- 2,074 new formal complaints were received; roughly 89% pertained to physicians.
- In 2022, the average GCMB investigator caseload more than doubled, from 36 active med mal investigations in 2021 to 79 active investigation per investigator in 2022.
Nationally, medical errors are estimated to be the third leading cause of death, according to a 2015 study by Johns Hopkins University.
These numbers underscore just how important it is to speak up when you’ve been wronged—and to work with attorneys who know how to win.
How McArthur Law Firm Can Help
At McArthur Law Firm, we’ve earned a reputation across Georgia for tackling complex medical malpractice and personal injury cases. Our founder, Attorney Katherine McArthur, is a board-certified civil trial specialist with more than 45 years of experience holding powerful institutions accountable.
Here’s why injured patients in Roswell turn to us:
✅ Decades of experience handling high-stakes injury claims
✅ Aggressive courtroom advocacy backed by meticulous case preparation
✅ Millions recovered for clients across Georgia
✅ Client-first service focused on compassion, clarity, and justice
We know what it takes to go up against hospitals, insurance companies, and defense lawyers—and win.
Serving Clients Throughout Roswell and North Fulton County
Our medical malpractice attorneys serve clients in Roswell, Fulton County, and surrounding areas, including:
- Alpharetta
- Milton
- Johns Creek
- Sandy Springs
- East Cobb
- North Atlanta
No matter where your medical treatment occurred, we can help evaluate your case and provide legal guidance.
Schedule a Free Case Review with a Roswell Medical Malpractice Lawyer
If you believe you or a loved one have been the victim of medical negligence, don’t wait to take action. At McArthur Law Firm, we offer free, no-obligation consultations so you can understand your rights without pressure.
Let us review your case, investigate what went wrong, and help you determine the best course of action. Our team is here to fight for accountability, justice, and compensation.
Frequently Asked Questions (FAQs)
How long do I have to file a medical malpractice claim in Georgia?
You generally have two years from the date of injury or discovery, with a maximum of five years under Georgia’s statute of repose (O.C.G.A. § 9-3-71).
How much does it cost to hire a malpractice attorney?
We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Do I need expert witnesses?
Yes. Georgia law requires a sworn affidavit from a qualified medical expert attesting to the provider’s negligence.
Can I sue a hospital or just the doctor?
Both may be liable, depending on the circumstances. We’ll help determine all responsible parties.
Get the Legal Help You Deserve
If you or someone you love has suffered from medical malpractice in Roswell, Georgia, the attorneys at McArthur Law Firm are ready to help. We understand how overwhelming and frustrating this process can be—but you don’t have to face it alone.
Let us put our decades of legal experience with personal injury law and medical knowledge to work for you.
📞 Call us today at 404-565-1621
🖥️ Or fill out our online contact form anytime
👉 Schedule your free consultation today.
More Roswell Personal Injury Resources
If you’d like to learn more about how the personal injury lawyers from McArthur Law Firm can help you after an injury in Roswell, Georgia, read some of our informative articles below.
