Overview of Medical Malpractice in Georgia

Medical malpractice is an area of law that refers to errors made during medical procedures that have resulted in injuries or death to victims. Medical malpractice cases are extraordinarily complex and require legal claims to satisfy certain requirements.

Georgia Code § 51-1-27 establishes that recovery may be had in torts relating to injuries caused by a medical professional’s failure to exercise a duty of care. While the state legislature enacted laws that capped certain damages in medical malpractice cases, the Supreme Court of Georgia ruled such caps were unconstitutional.

Expert Affidavit Requirement in Georgia Medical Malpractice Actions

Georgia Code § 9-11-9.1 establishes that in any action alleged professional malpractice against a professional licensed by the State of Georgia, licensed health care facility, or other enumerated entity, the plaintiff also needs to file an affidavit:

• of an expert competent to testify; and
• sets forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.

Medical malpractice claims can stem from a variety of different instances of negligence by medical professionals. Some of the most common kinds of medical malpractice actions include but are not limited to anesthesia errors, birth injuries, failures to diagnose, lack of informed consent, misdiagnoses, prescription errors, and surgical errors.

Article 4 of Chapter 3 of Title 9 of the Georgia Code is dedicated to limitations for malpractice actions. Under Georgia Code § 9-3-71, a medical malpractice action needs to be brought within two years of the date an injury or death occurred, but the statute of limitations may be extended to five years when an injury was not immediately evident.

Damage Caps in Georgia

Medical malpractice lawsuits can result in various kinds of damages being awarded to victims. Most actions involve compensatory damages for economic harm such as medical bills and lost wages as well as non-economic damages such as emotional distress or pain and suffering.

In 2005, the Georgia General Assembly enacted the Tort Reform Act of 2005, which led to the adoption of several maximum damage awards established under Georgia Code § 51-13-1. The law effectively limited victims to no more than $350,000.00 from any single medical facility and $700,000.00 from all medical facilities, and no more than $1.05 million for the aggregate amount of noneconomic damages.

On March 22, 2010, the Supreme Court of Georgia concluded that the noneconomic damages caps in Georgia Code § 51-13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution. This means that victims thus do not face any limitation on the damages they can be awarded in medical malpractice cases.

Find a Medical Malpractice Lawyer in Georgia

If you your loved one was the victim of medical negligence, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group has Georgia offices in Savannah and Hinesville.

Our experienced personal injury attorneys can investigate your malpractice claim and work tirelessly to ensure that all negligent parties are held accountable. You can have us provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online today to schedule a free, no-obligation consultation.