When someone puts their trust in a doctor, hospital, or clinic, they expect to get the right care—not to be left worse off than before. But when a medical provider makes a careless mistake, the consequences can be life-changing. Families are left with unanswered questions, bills they never expected, and the heavy weight of knowing something went terribly wrong. These aren’t just medical issues—they’re personal losses, and they deserve to be treated seriously.
Georgia Medical Malpractice Lawyer
The McArthur Law Firm knows how hard it is to speak up when something feels wrong, especially after a traumatic injury or the loss of a loved one. Our Georgia-based law firm provides comprehensive legal representation to those adversely affected by medical malpractice.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
Types of Medical Malpractice in Georgia
Surgical Mistakes — Among the most serious and preventable types of medical malpractice, these incidents can involve operating on the wrong part of the body, performing an incorrect procedure, or leaving tools or sponges inside a patient. They often result from communication failures, rushed decisions, or ignoring standard safety protocols.
Misdiagnosis Or Delayed Diagnosis — A patient may lose the opportunity for early treatment when a doctor fails to recognize a condition promptly or accurately. This frequently occurs with illnesses such as cancer, heart attacks, strokes, or infections due to insufficient testing, incorrect interpretation of results, or overlooked symptoms.
Medication Errors — These mistakes can arise at any stage of prescribing or administering drugs, such as giving the incorrect medication, wrong dosage, or failing to account for harmful interactions. Errors may stem from nurses in hospitals or from doctors and pharmacists in outpatient settings.
Birth Injuries — Harm sustained during pregnancy, labor, or delivery can affect either the mother or the baby. Typical causes include failure to monitor vital signs, delays in necessary C-sections, misuse of delivery tools, or unrecognized complications, potentially resulting in conditions like cerebral palsy or brachial plexus injuries.
Anesthesia Errors — The consequences of mistakes by anesthesiologists can be severe, including brain damage, oxygen deprivation, or even death. Errors may involve incorrect dosing or inadequate monitoring, sometimes causing patients to regain awareness during surgery or suffer lasting neurological issues.
Emergency Room Negligence — High-pressure environments don’t excuse medical oversight such as failure to order key tests, misinterpretation of imaging, or premature discharge. These errors can result in missed diagnoses of life-threatening conditions like strokes or heart attacks.
Nursing Home Neglect — Facilities are obligated to provide residents with essential medical and personal care. When they fall short, the result may be untreated illnesses, medication errors, accidental falls, or pressure ulcers stemming from poor hygiene and insufficient attention.
Failure To Obtain Informed Consent — Georgia law mandates that doctors fully inform patients of risks, benefits, and alternatives before proceeding with treatment. If a patient suffers harm without being adequately briefed, the provider may be held accountable for this lapse.
Lab And Radiology Mistakes — Diagnostic accuracy is crucial, and when labs or radiologists err—such as by mislabeling specimens, delivering wrong results, or overlooking abnormalities on imaging—the patient might receive inappropriate or delayed care.
Failure To Monitor Patients — Ongoing observation is vital for patients recovering from surgery or undergoing serious treatment. Ignoring signs like abnormal vital signs or lab values can lead to preventable complications, constituting a breach in the standard of care.
Hospital-Acquired Infections — While not every infection signifies malpractice, hospitals that neglect sanitation, fail to sterilize equipment, or ignore infection-prevention protocols may be liable if a patient contracts a severe illness such as MRSA or sepsis.
Types of Injuries Caused by Medical Malpractice in Georgia
Brain Damage From Lack Of Oxygen — One of the most devastating outcomes of medical malpractice is the harm that results when oxygen supply to the brain is interrupted. This can occur during surgery, childbirth, or medical emergencies where proper monitoring is neglected. Examples include incorrect intubation or delays in performing a necessary C-section, potentially causing permanent injury.
Paralysis From Surgical Or Spinal Errors — Life-altering paralysis may result when surgical procedures impact the spinal cord, particularly those involving the neck or back. It can also occur if conditions like spinal abscesses are not promptly diagnosed and treated.
Birth Injuries Causing Lifelong Disabilities — Labor and delivery complications, when not handled properly by medical staff, can lead to severe conditions such as cerebral palsy or Erb’s palsy. These neurological injuries often have long-term impacts on a child’s ability to move, learn, or communicate.
Loss Of Limb From Untreated Infections — Serious consequences like amputation can arise when infections are missed or improperly treated. These situations may develop post-surgery, within hospital environments, or even during outpatient care if early symptoms are overlooked.
Death From Fatal Errors Or Missed Diagnoses — The most tragic consequence of malpractice is when it results in loss of life. Fatalities may be caused by overlooked emergencies such as heart attacks or strokes, poorly managed anesthesia, or delays in diagnosing critical illnesses like cancer.
Severe Disfigurement From Surgical Mistakes — Injuries that alter one’s appearance and emotional health can result from botched surgical procedures, mishandled laser or radiation treatments, or poor wound care. Often, these cases necessitate multiple corrective surgeries and may leave permanent scars.
Emotional Trauma And Psychological Injuries — The psychological toll of medical malpractice can be profound, even when no physical harm is visible. Patients may develop conditions such as anxiety, PTSD, or depression—for instance, someone who experiences awareness during surgery due to anesthesia errors may face enduring mental distress.
Where Medical Malpractice Often Happens in Georgia
Medical malpractice can occur in nearly any healthcare setting, but certain environments present higher risks. This is especially true in major Georgia cities like Atlanta and Macon, where large populations and busy medical hubs increase the potential for errors.
Hospitals in Atlanta and Macon—particularly emergency rooms, intensive care units (ICUs), and operating rooms—are among the most common sites for malpractice. These areas operate at a rapid pace and involve life-or-death decisions. When medical professionals fail to communicate effectively or act quickly, patients may suffer serious harm.
Outpatient surgery centers and specialty clinics in both metro Atlanta and Macon have also seen a rise in malpractice claims. These facilities often handle high volumes of patients, which can lead to rushed procedures or insufficient post-operative monitoring. Even a missed diagnosis during a routine visit can have long-lasting effects.
In Atlanta’s suburbs and across Macon’s elder care facilities, nursing homes are common settings for medical neglect and malpractice. Issues often include medication mistakes, bedsores, untreated infections, and fall-related injuries. With elderly residents being
Private doctor’s offices and specialist clinics—such as OB/GYNs, cardiology, or oncology centers in both Atlanta’s Buckhead and downtown Macon—also see instances of malpractice. Common problems include failure to diagnose serious conditions, disregarded lab results, or the prescription of inappropriate medications.
Determining Liability for Medical Negligence in Georgia
Doctors And Surgeons — These professionals are often the primary individuals named in malpractice lawsuits. Whether the issue is a surgical error, misdiagnosis, or poor treatment decision, they are held to the legal standard found in O.C.G.A. § 51-1-27. If they fail to act with the level of care expected of other competent professionals in the same field, and that failure causes injury, they can be held legally responsible.
Hospitals And Healthcare Systems — Institutions like hospitals and health systems may be sued when malpractice occurs under their oversight. If a hospital employee, such as a nurse, technician, or resident physician, causes harm, the hospital may be held liable under O.C.G.A. § 51-2-2. A hospital can also be directly liable for its own mistakes—such as hiring unqualified staff, failing to properly supervise doctors, or not maintaining safe systems. Georgia courts allow victims to bring claims against both individuals and institutions, depending on the facts of the case.
Nurses And Medical Technicians — The role of nurses, physician assistants, and technicians in patient care is crucial. When they give the wrong medication, fail to monitor a patient’s condition, or make a serious charting error, they can be held liable for malpractice. These professionals are also required to meet the standard of care under O.C.G.A. § 51-1-27, and a failure to do so can form the basis of a claim.
Pharmacists — These healthcare providers have a duty to fill prescriptions accurately and warn of any clear drug interactions. If a pharmacist gives the wrong drug, wrong dosage, or fails to clarify a confusing prescription, the consequences can be severe. While less common than claims against doctors or nurses, pharmacy malpractice claims can arise when a clear mistake causes harm.
Nursing Homes And Long-Term Care Facilities — Georgia law places a legal duty on nursing homes to provide care that meets accepted standards. This includes managing medications, monitoring residents’ health, and preventing neglect or abuse. If a facility fails to meet these obligations and a resident is harmed as a result, it may be sued for malpractice. These cases may also involve violations of Georgia’s elder care regulations in addition to medical negligence under O.C.G.A. § 51-1-27.
Insufficient Disclosure by Doctors About Medical Errors
One of the most surprising facts about medical malpractice in Georgia is that hospitals and doctors are not legally required to tell patients or families when they make a serious medical mistake. There is no law that forces them to admit the error. Many victims don’t even know malpractice occurred until they request their records or speak with an attorney. This lack of transparency can delay treatment, hide the truth, and prevent families from getting justice. Despite being harmed, patients are often left without answers unless they take legal action. This is one of the reasons Georgia law requires an expert affidavit when filing a claim—so the truth can be exposed through a legal process even when the healthcare provider stays silent.
Filing a Medical Malpractice Claim in Georgia
Under O.C.G.A. § 9-3-70, an action for medical malpractice refers to any legal claim seeking compensation for injuries or death that result from the provision of medical care or health services. This includes services such as diagnosis, treatment, surgery, dental work, or the prescribing of medication, when performed by a licensed healthcare professional or someone working under their supervision. It also covers care provided by healthcare facilities—like hospitals, clinics, nursing homes, or other medical institutions—when delivered by staff, employees, or agents acting within the scope of their official duties.
Initial Steps — Filing a medical malpractice claim in Georgia involves several procedural steps:
- Initial Consultation: The injured person or their family should consult an experienced medical malpractice attorney.
- Expert Review: The attorney reviews medical records and consults qualified experts to assess whether the healthcare provider violated Georgia’s standard of care, as outlined in O.C.G.A. § 51-1-27.
Requirement of a Medical Expert Affidavit — If there is evidence of malpractice, the attorney prepares and files a lawsuit. Georgia law requires that a medical expert affidavit be submitted at the same time as the complaint, under O.C.G.A. § 9-11-9.1. This affidavit must state how the healthcare provider failed to meet the accepted standard of care and how that failure caused harm. Without this affidavit, the case will likely be dismissed.
Litigation Process and Potential Damages — Once the lawsuit is filed, both sides gather evidence, take depositions, and may attempt settlement. If no settlement is reached, the case goes to trial. If successful, the patient or family may recover damages for medical expenses, lost income, pain and suffering, disability, and, in some cases, wrongful death. There is no cap on noneconomic damages in Georgia after the state’s damage cap law was struck down by the courts.
Role of a Medical Malpractice Attorney — A medical malpractice attorney plays a critical role in the success of a claim. These cases involve complex legal and medical issues, and a knowledgeable attorney can handle them effectively. The attorney coordinates expert medical reviews, ensures compliance with legal requirements—such as filing the affidavit mandated by O.C.G.A. § 9-11-9.1—and prepares all necessary documentation.
They also manage negotiations with insurance companies, advocating for full and fair compensation on behalf of the injured party. Without legal representation, malpractice claims are difficult to pursue and often dismissed for procedural errors. An experienced medical negligence attorney significantly increases the likelihood of recovering damages for medical expenses, lost income, pain and suffering, and other losses.
Time Limits for Filing Certain Medical Malpractice Lawsuits in Georgia
Two different Legal phrases will be explained here. One is “statute of limitations.” The other, which is used or applicable in far fewer instances, is the “statute of repose.”
In medical error cases, the general rule is that all medical malpractice lawsuits must be filed within two (2) years of the injury or death occurring. See OCGA 9-3-71(a). Although the standard medical malpractice lawsuit has a two-year limitation period, certain exceptions exist by which that time limit may be different.
By way of example, if a surgeon negligently left a surgical glove or temporary clamp inside her or his patient’s body, this is fairly damning proof of malfeasance. So, Georgia laws allow for a separate “time limit” of 1 year following discovery of the object or objects “left behind.” This special act, under the Georgia Code, can be found in O.C.G.A. Section 9-3-72.
“In contrast to a statute of limitation, a statute of repose serves as an absolute bar to a potential plaintiff’s right of action and effectively prevents a cause of action from ever accruing. More specifically, statutes of repose set clear deadlines for pursuing a legal action based on the passage of time or the occurrence of an event that does not itself cause harm or give rise to a potential lawsuit.”
Georgia laws also have a law of repose, stating that regardless of the patient or family’s awareness of the malpractice, barring instances of fraud, concealment, or misrepresentation, a healthcare provider cannot be sued for medical negligence or malpractice beyond five (5) years from the actual date of occurrence for that act of malpractice. This statute is found in OCGA Section 9-3-71(c).
The law of repose sets a time limit for filing a medical malpractice wrongful death lawsuit. This time limit is five years from when the malpractice occurred. It does not matter when the death happened. If more than five years have passed since the malpractice, the lawsuit cannot be filed by our Georgia personal injury attorneys.
One exception exists to this medical malpractice GA rule, for cases that were previously filed and then later re-submitted that same case complaint beyond the five-year “limit,” but only if it is re-filed as a modification of a previously submitted medical negligence case. Georgia medical malpractice lawyer Jessica Edmonds has been co-counsel in a recent trial with Kathy McArthur where the jury’s verdict in Houston County GA was almost $10,000,000.
Both the child and their parents can make separate claims for medical expenses and other costs related to the child’s injury until they turn 18, as well as compensation for any loss of the child’s assistance at home.
In cases of medical negligence that took place before a child turns five, the lawsuit must be initiated by the time the child reaches seven years old. Medical malpractice claims must be filed within two (2) years of the medical negligence incident after the child’s fifth birthday.
Questions Victims Ask About Medical Malpractice in Georgia
How can someone tell if they have a medical malpractice case in Georgia?
If a healthcare provider made a serious mistake that caused harm, a legal evaluation may show malpractice occurred.
What is the deadline to file a medical negligence lawsuit in Georgia?
According to O.C.G.A. § 9-3-71, most medical malpractice claims must be initiated within two years of the injury occurring. Regardless of when the injury is discovered, claims generally cannot be filed more than five years after the malpractice took place.
What if the patient didn’t find out about the malpractice right away?
Even with a delayed discovery, Georgia law sets an absolute deadline of five years from the date of the malpractice. Exceptions apply to malpractice cases involving children.
Can a victim sue the hospital as well as the doctor?
Yes. If hospital staff were negligent or the hospital failed to supervise or hire properly, both may be liable.
Is an expert witness required to file a malpractice case in Georgia?
Yes. Georgia law, under O.C.G.A. § 9-11-9.1, requires an affidavit from a qualified medical expert at the time of filing.
What can the family do if a loved one dies from medical malpractice?
The family may be able to file both a wrongful death claim and a malpractice lawsuit, depending on the facts.
Does a malpractice lawsuit affect the healthcare provider’s license?
Not directly. Licensing decisions are handled separately by the Georgia Composite Medical Board after their own review.
Does signing a consent form prevent a malpractice claim?
No. A signed consent form does not protect providers from liability if the care fell below accepted standards.
How long does a malpractice case usually take in Georgia?
Many cases take one to three years, depending on the injuries, the facts, and how the court handles the case.
Additional Resources
- Georgia Composite Medical Board – Filing A Complaint — This official Georgia state page explains how to file a complaint against a medical professional. It describes the complaint process, how the Board evaluates cases, and how to submit a complaint form either online or by mail. It includes guidance for anonymous complaints, mailing instructions, and contact details for the Board.
- An Introduction to Medical Malpractice in the United States – National Library of Medicine — This article provides an overview of how medical malpractice law works in the U.S. It covers the legal standards doctors must meet, the elements required to prove malpractice, the trial process, and how cases are usually resolved.
- C.G.A. § 51-1-27 – Georgia General Assembly — This legal code section from Georgia law defines when a medical malpractice claim may be brought. It outlines the duty of care expected from medical professionals and lists the legal grounds for pursuing damages.
- Functional Elements Of A Medical Malpractice Lawsuit – National Library Of Medicine — This online article from the National Library of Medicine explains the basic parts of a medical malpractice case in the United States. It covers topics such as legal definitions, required elements to prove a claim, insurance, ways to avoid lawsuits, and common issues that arise in malpractice claims.
Hire a Personal Injury Lawyer for Medical Malpractice Injuries in Cobb County, Georgia
McArthur Law Firm serves the cities of Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dogherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
