If a patient suffers damages as the result of hospital patient neglect, he or she may have grounds for filing a medical malpractice lawsuit. In general, a viable medical malpractice claim for hospital patient neglect will involve a patient receiving (or not receiving, as is most likely true in neglect cases) medical treatment and care at a hospital that is below the applicable standard of care. The applicable standard of care in each individual case will vary based on the individual patient’s medical needs, risks, and history at the time of the alleged incident of negligence.
These critical elements of any medical malpractice case, including duty of care owed, breach of duty of care, violation of standard of care and negligence, proximate cause, and damages, are required elements in medical malpractice cases in all states, including Georgia. However, once these elements are established and a viable claim is presented, state laws in Georgia will begin to influence a patient’s ability to recover damages. For any patient, the case-specific nature of each case and the relative complexity of applicable state statutes and court precedents in Georgia will require a patient to seek help and representation from a medical malpractice lawyer.
Georgia Medical Malpractice Statutes Influencing Hospital Patient Neglect Claims
- The statute of limitations applicable to medical malpractice claims in Georgia requires patients to file claims no later than two (2) years following the date of occurrence or discovery of harm as the result of negligence, which will include cases involving neglect.
- Vicarious liability of hospitals, per Georgia statutes, for negligence committed by employees is allowed, and for cases involving non-employees (independent contractor physicians), hospital liability is determined based on factors surrounding the relationship between a negligent professional and the hospital, as well as whether a patient signed a form indicating their knowledge that independent contractor physicians were providing care.
- Any complaint for medical malpractice, including claims of neglect, requires an affidavit of testimony from a medical expert supporting the validity of claims.
- Damage caps in the state of Georgia may limit non-economic damage recovery, which is currently capped at $350,000 per defendant, but was recently ruled unconstitutional. Furthermore, punitive damages are capped at $250,000 and adhere to a different standard of proof than other damage claims.
Getting Legal Help with Hospital Patient Neglect Cases in Georgia
For any patient, the relative success and merit of any medical malpractice case involving neglect will require a patient to retain legal counsel to prove the critical elements required to recover damages. If you believe, you have suffered injury and harm as the result of hospital patient neglect in the state of Georgia, consult with a medical malpractice lawyer in Georgia as soon as feasibly possible.
