We turn to the right medical professionals for healing and recovery whenever we are sick or injured. While we trust our clinicians and healthcare providers for exceptional care, it is possible to experience harm or injury due to negligence or substandard treatment. In fact, patients in the U.S. file more than 18,000 medical malpractice lawsuits against providers each year.
What Are the Medical Malpractice Laws in Georgia?
Georgia statute 51-1-27 states, “A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.”
In other words, licensed medical professionals must provide you with skilled, competent healthcare. If a professional harms or injures you due to a lack of skill or competency, you can bring action against them for medical malpractice.
What does a Patient Need to Prove to Establish Medical Malpractice?
To file a valid claim against a medical professional, the injured patient must prove three key elements:
- The clinician had a duty to perform for the patient.
- The clinician failed to perform their duties with skill, care, or competency.
- The clinician’s failure resulted in injury to the patient.
Malpractice laws do not require medical professionals to be perfect and mistake-free. However, any professional must maintain a high level of skill and care when practicing medicine. Failure to do so can lead to significant complications for the patient, allowing the patient to seek compensation for damages.
Does a Patient Need to Hire a Medical Malpractice Lawyer to File a Claim?
If a patient wants to get the most out of their case, it is crucial to partner with a medical malpractice attorney who understands the law and can provide strong representation. With an expert legal team, patients can gather appropriate evidence, including:
- Certificates of merit
- Character witnesses
- Expert witnesses
- Medical bills
- Pay stubs that show income loss
A medical malpractice lawyer will also apply expert strategies to counter the defendant’s arguments. The defending clinician will likely argue that their medical actions were in line with the best care practices for the patient. However, a skilled and seasoned attorney will fight for the patient as they work to prove negligence.
The expert attorneys at Clark, Smith & Sizemore understand Georgia’s medical malpractice laws and can fight for injured patients! Call us today for a free consultation: 478-254-5040
Stay tuned for our six-part series on medical malpractice:
- Georgia’s Medical Malpractice Laws, Explained
- Stay Alert When It Comes to These 6 Types of Medical Malpractice
- 4 Signs of Medical Malpractice That Could Affect You or Your Loved Ones
- 5 Benefits of Hiring a Medical Malpractice Lawyer
- Understanding Medical Malpractice vs. Negligence
- What Is the Statute of Limitations for Medical Malpractice?