When you or a loved one seek medical care, you expect to receive professional, competent treatment that improves your health—not causes further harm. Unfortunately, medical errors are more common than most people realize, and they can lead to serious injury, long-term disability, or even wrongful death.
At McArthur Law Firm, we’ve seen firsthand how devastating medical malpractice can be for families in Macon, Georgia. If you believe a doctor, nurse, hospital, or other healthcare provider failed in their duty of care, it’s critical to understand your rights and how Georgia law protects you.
Below, we’ll explain what medical malpractice is, how it’s proven under Georgia law, the types of damages you may be entitled to, and how an experienced Macon medical malpractice lawyer can help you pursue full compensation for your injuries.
If you or a loved one was injured due to a healthcare provider, call us today at (478) 238-6600. Our team of experienced Macon medical malpractice attorneys is ready to help you get the compensation you deserve.
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional deviates from the standard of care that a reasonably competent provider would have delivered under similar circumstances, and that deviation results in harm to the patient. In Georgia, some different types of medical malpractice may include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Anesthesia errors
- Birth injuries
- Medication errors
- Failure to obtain informed consent
- Negligent post-operative care
- Hospital-acquired infections due to poor hygiene or neglect
These acts (or failures to act) can result in severe injuries. These can include extended hospital stays, additional surgeries, permanent disabilities, and in the worst cases, serious injury or death.
How Georgia Law Defines and Regulates Medical Malpractice
In Georgia, medical malpractice cases are governed by the Georgia Medical Malpractice Act, with specific legal requirements that plaintiffs must meet to file a valid claim. Key aspects include:
1. Statute of Limitations
Under Georgia Code § 9-3-71, you generally have two years from the date of injury, or from when the injury should have reasonably been discovered, to file a medical malpractice lawsuit. However, there is also a five-year statute of repose, meaning no claim can be brought more than five years after the date of the negligent act, regardless of when it was discovered.
⏳ Important: Failing to file within the statute of limitations can permanently bar your right to compensation. That’s why early consultation with a qualified Macon malpractice attorney is critical.
2. Affidavit of Expert
According to Georgia Code § 9-11-9.1, a medical malpractice lawsuit must include an affidavit from a qualified medical expert. This affidavit must outline at least one negligent act or omission committed by the healthcare provider and explain how it violated the accepted standard of care.
Examples of Medical Malpractice in Macon
Medical malpractice can happen in any healthcare setting, from large hospitals like Atrium Health Navicent and Piedmont Macon Medical Center to smaller urgent care clinics and private practices. Some of the most common types of malpractice we’ve encountered in Bibb County and surrounding areas include:
- Improper administration of anesthesia during surgery, resulting in brain damage or death
- Failure to diagnose cancer when symptoms were clear and actionable
- Negligent delivery room practices, leading to birth injuries such as cerebral palsy
- Prescribing medications with known allergies or harmful drug interactions
- Delays in emergency care that result in avoidable complications
If any of these scenarios sound familiar, you may have the right to pursue a claim.
What You Must Prove in a Georgia Medical Malpractice Claim
To succeed in a medical malpractice case in Macon, Georgia, you and your legal team must prove the following four elements:
- Duty: The healthcare provider owed you a duty of care.
- Breach: They breached that duty by failing to meet the standard of care as a reasonable provider would.
- Causation: Their breach directly caused your injury.
- Damages: You suffered physical, emotional, and/or financial harm as a result.
Each of these elements must be supported by strong medical evidence and expert testimony, which is why building a successful claim requires the experience of a seasoned medical malpractice attorney.
Compensation Available in Macon Medical Malpractice Cases
Victims of medical negligence may be entitled to both economic and non-economic damages under Georgia law. These include:
Economic Damages
- Medical bills (past and future)
- Lost wages and future loss of earning capacity
- Costs of rehabilitation, therapy, and long-term care
Non-Economic Damages
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement or disability
🔎 Note: Georgia no longer imposes a cap on non-economic damages after the Georgia Supreme Court ruled such caps unconstitutional in Atlanta Oculoplastic Surgery v. Nestlehutt, 691 S.E.2d 218 (2010).
In cases of gross negligence or willful misconduct, punitive damages may also be awarded to punish the healthcare provider and deter future misconduct.
How a Macon Medical Malpractice Lawyer Can Help
Medical malpractice cases are among the most complex types of personal injury claims. Hospitals, doctors, and their insurers have powerful legal teams on their side, and they rarely admit fault without a fight. At McArthur Law Firm, we have decades of experience holding negligent medical providers accountable throughout Middle Georgia.
Here’s how our team can support you:
- Investigate your claim using medical records, expert reviews, and witness testimony
- Secure expert affidavits as required by Georgia law
- Handle all communications with insurance companies and defense attorneys
- File your lawsuit within Georgia’s strict deadlines
- Negotiate aggressively for a full and fair settlement—or take your case to trial if necessary
- We work on a contingency-fee basis, meaning you don’t pay us unless we win your case.
Medical Malpractice and Wrongful Death in Georgia
If a loved one died due to a healthcare provider’s negligence, you may be eligible to file a wrongful death claim in Macon. Under Georgia Code § 51-4-2, surviving spouses, children, or parents may recover for the full value of the life of the deceased, including both economic losses (e.g., lost income) and intangible factors (e.g., loss of companionship).
We can help you file both a wrongful death action and a survival action to seek compensation for medical expenses, pain and suffering, and funeral costs.
Talk to a Macon Medical Malpractice Lawyer Today!
If you believe a doctor, nurse, or hospital made a serious mistake that injured you or someone you love, don’t wait. Medical malpractice cases are time-sensitive, evidence-intensive, and emotionally difficult. But with the right legal team on your side, you can seek justice—and hold negligent providers accountable.
McArthur Law Firm has earned a reputation for fighting for victims of medical negligence throughout Macon and across Georgia. Contact us today for a free, confidential consultation with a Macon personal injury attorney who will treat your case with the seriousness it deserves.
📞 Call (478) 238-6600 or use our online contact form to get started.
