Georgia Medical Malpractice Basics and FAQ’s

January 11, 2018

Georgia Medical Malpractice Laws, Basics and Frequently Asked Questions

When a doctor or other medical provider negligently causes a serious injury to his or her patient, the injured person may be able to hold the doctor liable for the harm that was done. This type of personal injury claim is called medical malpractice.

If my doctor was unsuccessful in treating me, do I have a claim for medical malpractice?

If your doctor did not treat you successfully, this does not necessarily mean that he or she committed medical malpractice. Medical treatment is complicated, and even the best care might not work in many cases. What your doctor is obligated to do is to meet the standard of care for doctors in his or her field. If you had surgery, and it failed to correct some issue that you had, it might be because your condition was difficult to treat and that the chances of successful treatment were limited. It can also be that other doctors would have treated you the same way. In such a case, the doctor would not have necessarily committed medical malpractice. On the other hand, if the doctor failed to treat your condition because they made an error that other doctors would not have made, then he or she could potentially be liable for medical malpractice.

Georgia Medical Malpractice Laws, Definitions and Statutes 

Georgia Code, Title 9, Chapter 3, Article 4 details Georgia's medical malpractice laws, limitations, and definitions. Under Georgia law, a person (or family member of a decedent) may seek to recover damages resulting from their injury or the death of a loved one due to:

(1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of the lawfully authorized person; or

(2) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.

How do I prove a medical malpractice claim?

Medicine is complicated, and it is not always obvious whether a doctor was negligent or not. For this reason, most medical malpractice claims rely heavily on medical expert testimony. A doctor in the same field as the doctor who treated you might testify to say that your doctor did not do what someone in the profession should have done in a similar siituation.

What does it mean to give “informed consent?”

Patients have the right to be given information regarding potential risks and complications associated with procedures physicians are planning to perform. If a doctor fails to get informed consent, and the patient suffers an injury as a result, the doctor can face liability. However, an informed consent form does not sign away your rights against the doctor for negligent care.

If you were injured as the result of medical malpractice, you should contact an experienced medical malpractice attorney in Georgia to discuss your claim and your options for recovering compensation.

Put Our Law Firm's Over 33 Years of Medical Malpractice Experience to Work for Your Medical Malpractice Case!

If you or a loved one has been injured due to malpractice or negligence, contact Montlick & Associates today for your free consultation with our experienced Medical Malpractice Lawyers in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Sources: cited in the article

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.