Under Georgia medical malpractice law, an injured patient must take specific steps to bring a complaint or face dismissal of that complaint. An action for medical malpractice in Georgia is a claims for damages resulting from an injury or death arising from "health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such services or by any person acting under the supervision and control of a lawfully authorized person." An action must be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
9-11-9.2. - Bringing Suit
In an action for medical malpractice damages against a corporate or legal entity licensed by Georgia to provide health care services or any licensed health care facility based on the action or inaction of a licensed health care professional, the plaintiff must contemporaneously file a medical authorization form along with the original complaint. Failure to provide this authorization will subject the complaint to dismissal. The authorization shall provide that the defendant(s)'s attorney is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiff's decedent whose treatment is at issue in the complaint.
31-9-6-1. - Patient's Consent - Cause of Action
A patient undergoing surgical or diagnostic procedures shall be informed in general terms of the following:
- A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure;
- The nature and purpose of such proposed surgical or diagnostic procedure;
- Generally recognized material risks including infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death.
Failure to disclose these to the patient frustrates actual consent. The patient must be informed of all risks explained in writing; the patient or the patient's representative must sign the writing for the consent to be valid. A violation gives rise to a cause of action for medical malpractice.
51-13-1. - Non-Economic Damages, Award Caps
In addition to economic damages, Georgia medical malpractice law allows for recovery of non-economic damages. These damages include compensation for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other non-pecuniary losses of any kind or nature.
In a medical malpractice action or action for wrongful death against one or more health care providers or a single medical facility, the total amount recoverable by a claimant for non-economic damages cannot exceed $350,000 regardless of the number of defendants and separate causes of action. In a verdict against one or more medical facilities, the cap for noneconomic compensation is $350,000 for a single medical facility and $700,000 for all defendant medical facilities.
In any event, the aggregate amount of non-economic damages shall not exceed $1,050,000.
Talk to a Medical Malpractice Attorney
If you were injured by medical malpractice in Georgia, notwithstanding any exceptions, you must file a complaint within two years of the cause of action. In addition to compensation for actual economic damages, Georgia's malpractice laws allow you to recover for non-pecuniary losses, with an aggregate cap of $1,050,000. Talk with an attorney to discuss the details of your case and advise you regarding the amount of compensation due to you.
