What Is Medical Malpractice Under Georgia Law?
Medical malpractice occurs when a healthcare provider — a doctor, surgeon, nurse, anesthesiologist, radiologist, pharmacist, or hospital — fails to meet the applicable standard of care and that failure injures the patient. The standard of care is defined as what a reasonably competent healthcare provider in the same field would have done under similar circumstances.
Medical malpractice cases are among the most complex and challenging in personal injury law. They require rigorous expert testimony, detailed medical record review, and attorneys who understand both medicine and litigation. Kenneth S. Nugent, P.C. has the resources and experience to take on hospitals, physician groups, and their powerful insurers.
Common Types of Medical Malpractice in Georgia
Our medical malpractice attorneys handle all types of healthcare negligence, including:
- Misdiagnosis or delayed diagnosis: A missed cancer diagnosis, heart attack, stroke, or infection that allows a condition to progress to a worse — or fatal — stage
- Surgical errors: Operating on the wrong body part, leaving instruments inside the patient, severing nerves or arteries, or anesthesia errors
- Medication errors: Prescribing the wrong drug, wrong dose, or failing to recognize dangerous drug interactions
- Birth injuries: Oxygen deprivation (HIE), improper use of forceps or vacuum, failure to perform a timely C-section
- Failure to treat: Recognizing a diagnosis but failing to provide appropriate treatment
- Emergency room errors: Premature discharge, triage failures, and failure to diagnose serious conditions under time pressure
- Hospital-acquired infections: Preventable infections (MRSA, sepsis) resulting from inadequate sterilization protocols
Georgia's Expert Affidavit Requirement
Georgia law requires that medical malpractice complaints be accompanied by an affidavit from at least one qualified medical expert who attests that the defendant deviated from the standard of care. This requirement is designed to weed out frivolous claims — but it means that pursuing a legitimate malpractice case requires assembling expert witnesses before the lawsuit is even filed.
At Kenneth S. Nugent, P.C., we work with a network of board-certified medical experts across all specialties. When you bring us a medical malpractice case, we immediately begin the expert review process to evaluate your claim and, when the evidence supports it, build the strongest possible case on your behalf.
Taking On Georgia's Medical Establishment
Doctors, hospitals, and their malpractice insurers mount aggressive defenses. They have experienced defense attorneys, expert witnesses, and vast resources. Going up against them without equally experienced legal representation puts you at a severe disadvantage.
Our attorneys have handled medical malpractice cases against Georgia's largest hospital systems and physician groups. We understand how to counter their defenses, present complex medical evidence to juries, and negotiate settlements that reflect the true scope of our clients' losses.
We handle medical malpractice cases on contingency — no upfront fees. If we don't win, you don't pay.
Frequently Asked Questions
You must prove: (1) the healthcare provider owed you a duty of care, (2) they breached the applicable standard of care, (3) that breach caused your injury, and (4) you suffered compensable damages as a result. Georgia law requires you to file an expert affidavit from a qualified medical expert with your complaint.
Generally two years from the date the injury was discovered or reasonably should have been discovered — but never more than five years from the date of the negligent act (the statute of repose). Cases involving minors have different rules. Cases involving foreign objects left in the body follow a different limitations period. Contact our attorneys immediately to protect your rights.
Yes. Hospitals can be held liable for their own negligence — including negligent credentialing of doctors, understaffing, inadequate training, and defective equipment. Hospitals may also be vicariously liable for the malpractice of their employed physicians, nurses, and other staff.
Recoverable damages include: all medical expenses to treat the malpractice injury (past and future), lost wages and earning capacity, pain and suffering, permanent disability and disfigurement, and loss of consortium for a spouse. Georgia caps punitive damages in most cases but does not cap compensatory damages.