Medical malpractice cases in Georgia are complex, but for victims, they are often necessary. Filing a claim allows you to seek compensation for the financial, physical, and emotional harm caused by negligent medical care, covering medical bills, lost wages, and ongoing care needs while also holding the responsible party accountable. If you're wondering whether you have a case, the first thing you should do is schedule a free consultation with an experienced medical malpractice lawyer. Common types of medical malpractice cases include:
- Misdiagnosis or Delayed Diagnosis. Failure to correctly identify an illness in time.
- Surgical Errors. Mistakes during surgery, such as operating on the wrong body part or leaving instruments inside the body.
- Medication Errors. Prescribing the wrong medication or dosage.
- Anesthesia Errors. Errors made before or during anesthesia that lead to harm.
- Birth Injuries. Negligence during childbirth resulting in harm to the baby or mother.
- Failure to Treat. Not providing appropriate treatment after a diagnosis.
In Georgia, an experienced medical malpractice lawyer can explain whether your case has merit, what the process will look like, and whether it's worth pursuing. Most importantly, they can get the ball rolling immediately, ensuring deadlines are met and evidence is gathered quickly. With the right steps and guidance from a qualified attorney, you can protect your rights and position yourself for success. Here's what you need to know and do before filing a medical malpractice lawsuit or claim.
What you need to know and do before claiming medical malpractice in Georgia
Before contacting a medical malpractice attorney in Georgia, there are several key things to know and steps to take to ensure that your potential claim is strong and that you're prepared for the legal process.
- Understand the Clock Is Ticking. You typically have two years to file a medical malpractice claim in Georgia. In some cases, the clock may start earlier. There's also a five-year limit from the date the malpractice occurred. Miss these deadlines, and you lose your right to compensation. The sooner you get a lawyer involved, the better. Gathering evidence, getting medical records, and consulting experts takes time.
- Secure Your Medical Records. Request all medical records related to your treatment and the harm you or your loved one has suffered. This includes hospital visits, doctor's notes, lab reports, and prescriptions. You'll need this documentation to prove what went wrong, and your lawyer will need it to start building your case.
- Consult a Lawyer. It's hard to know if you truly have a malpractice case without experienced legal input. A Georgia medical malpractice lawyer can review your case and tell you whether it's worth pursuing. Most medical malpractice lawyers offer a free consultation and work on a contingency fee basis — meaning they only get paid if you win. So, there's no risk in speaking with one as soon as you suspect malpractice.
- Prepare for the Expert Affidavit Requirement. Georgia law requires you to file an expert affidavit when filing your lawsuit. This is a written statement from a qualified medical professional who confirms that negligence occurred. Your lawyer will handle finding and working with this expert, but it takes time — yet another reason to contact a lawyer early.
- Start Documenting Everything. Keep a journal of how the malpractice affects your life. Note any additional medical care, pain, emotional distress, and missed workdays. This information will be critical for calculating damages later on. Save every bill, receipt, and financial record related to the harm you've suffered. This includes hospital bills, prescriptions, and any costs for therapy or rehab.
Medical malpractice cases are tough to win. You'll need strong evidence, expert testimony, and a well-prepared lawyer. Healthcare providers and hospitals usually have teams of lawyers ready to defend them. But if you act quickly, collect evidence, and work with an experienced lawyer, you have a fighting chance.
Schedule a free consultation with a medical malpractice attorney today
If you think a healthcare provider's mistake has caused you harm, taking immediate action can be the difference between success and a denied claim. Don't wait. If you think something went wrong due to the negligence of a medical professional, contact the medical malpractice attorneys at Kurle Justus, LLC in Decatur for a free case consultation. Our law firm has a history of medical malpractice success with case results that include:
- $15 million medical malpractice settlement for a brain injury victim against a major Georgia hospital corporation.
- $3.2 million medical malpractice verdict against major healthcare system.
Contact us today to see how an experienced medical malpractice lawyer from Kurle Justus, LLC can help with your potential legal case.