Medical Malpractice Law in Georgia

Medical malpractice law in Georgia is a very complicated matter for the patient and needs to be handled with the utmost care. Medical malpractice cases include; a misdiagnosis of a disease or condition or a failure to diagnosis the problem, a case can also be due to failure to treat the alignment of the failure to treat it in a timely manner.

Limitations in Georgia

You must file the case within two years of the incident, unless the patient does not realize the affects until after two years then the time limit can be extended. If the case is due to an instrument left in the body the time limit is one year for the date of the incident. No case can be opened after five years of the incident occurrence. These periods apply to minors as well. Punitive damages are capped at $250,000 in medical malpractice law in Georgia.

If you are in need of legal assistance, consult with a Medical Malpractice Attorney in your area to receive a free case review.

Attorney fees have no limitations in the state of Georgia. Be sure that you interview several attorneys and be prepared for every appointment with all the paperwork needed. It is very important to contact a lawyer that is familiar with medical malpractice cases so that no technical points are missed in your case, which could cause a dismissal. In cases that are joint or have several liabilities the defendants are responsible for 100 percent of the judgment. Each party responsible for their judgment amount, if one is unable to pay the other becomes responsible. A defendant may not attempt to reduce the judgment by providing information on compensation already provided to the plaintiff. This will not affect the judgment. Even payments received from the plaintiff's insurance company will not be considered.

Georgia State Malpractice Laws at a Glance:

Georgia State Tort Law
Statute of Limitations Two years from date of original injury or death and not longer than five years from act or death.
Damage Award Limits Limit of $250,000 for punitive damages. Exception made if deliberate intention to harm.
Joint Defendant Liability Proportionate liability for defendants
Expert Witness Must have expert affidavit stating that there is sufficient evidence of negligence
Attorney Fees No limits on attorneys fees


Medical malpractice law in Georgia claims that the case can be considered for arbitration if both sides agree, and understand that all the results will be binding. In an arbitration case there is no judge or jurors, just the arbitrators.

Expert Witness

Medical malpractice law in Georgia states that all that is needed from an expert witness is a affidavit stating that they see facts that support legal action being taken for negligence in the specified case. This is a very important part of your case so be sure to present your case with all the full information to the evaluating physician, this will help them give you a complete analysis of your situation.

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