Medical Malpractice FAQs


FAQs on Medical Malpractice in Georgia

Q: How do I know if I have a medical malpractice case?

A: The only way to determine if you have a case is to discuss the facts with an experienced medical malpractice attorney. Medical malpractice occurs when a doctor acts negligently, deviates from the standard of care that similar doctors would act with, or fails to inform you of all of your treatment options. There are many forms of malpractice, including, but not limited to, the following:

  • Surgical errors or foreign objects left inside the patient following surgery
  • Failure to obtain informed consent or failure to inform a patient of all treatment options
  • Failure to diagnose or improper diagnosis
  • Failure to advise of diagnosis
  • Medication errors or improperly prescribing a drug
  • Abandoning a patient
  • Providing incorrect or substandard treatment
  • Continuing a treatment that has been deemed ineffective
  • Birth injuries, including cerebral palsy, Erb’s palsy, and hypoxia


Q: How long do I have to pursue a medical malpractice claim?

A: In Georgia, you have two years from when the death or injury occurred in which you can sue, but unless there is fraud, concealment, or misrepresentation, you cannot sue more than five years after the malpractice occurred. Because these cases involve a great deal of research and require assistance from medical professionals, it is important that you contact an experienced medical malpractice attorney as soon as possible. (O.C.G.A. §§ 9-3-71-72)


Q: What can I recover in a medical malpractice claim?

A: You can recover for the economic damages you have suffered, including the medical expenses you have had to incur to try to correct the wrong from the malpractice, past and future lost wages, and any other economic damages. You can also recover non-economic damages, such as the pain and suffering you have had to endure due to your injury, and loss of consortium you may have suffered. If the malpractice is that of informed consent, you can also recover damages if the procedure was successful.

Currently, Georgia imposes no limits on your recovery for economic damages, and a $350,000 limit on non-economic damages if the lawsuit is against one medical facility, and $700,000 if it is against multiple medical facilities (with a $350,000 limit on recovery from any one facility). (O.C.G.A. § 51-13-1) Additionally, your recovery cannot be reduced if the other side introduces evidence that some of your expenses are paid for by outside sources, such as your own medical insurance.

If you believe you have received substandard care or have suffered an injury due to medical malpractice, contact  Nicholson Phillips today for a free initial consultation.