Atlanta Medical Malpractice Attorney

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. That standard is what a reasonably skilled provider would have done in similar circumstances.

Examples include surgical mistakes, misdiagnosis, anesthesia errors, delayed treatment, birth injuries, or infections caused by unsanitary practices. Not every bad medical outcome is malpractice, but when preventable harm results from negligence, patients may have a legal claim.

Every case is unique, but there are three basic elements your attorney will evaluate:

• Duty of Care: The provider (doctor, nurse, or hospital) owed you a professional duty.
• Breach: That duty was breached through negligent action or inaction.
• Causation and Damages: The breach directly caused injury, leading to medical costs, lost wages, pain, or death.

A lawyer will often review your medical records, consult expert witnesses, and determine whether the care you received fell below accepted standards.

Every state sets strict deadlines for filing a medical malpractice claim, and Georgia is no exception. If you wait too long, you could lose your right to recover compensation, even if your case is strong. Because the rules can be complex, especially when injuries are discovered later, it’s important to speak with a lawyer as soon as you suspect malpractice.

Both may be liable. Individual providers, such as doctors, nurses, and anesthesiologists, can be sued for negligence. Hospitals, clinics, or nursing homes may also face claims for negligent hiring, inadequate staffing, unsafe policies, or failing to address known risks.

Nursing home malpractice follows similar principles but often involves issues like neglect, abuse, or medication errors specific to long-term care.

Compensation may cover:

• Medical bills and rehabilitation
• Future care needs (often proven through medical and economic experts)
• Lost wages and reduced earning capacity
• Pain, suffering, and loss of enjoyment of life
• Wrongful death damages for surviving family members

Georgia law no longer caps malpractice damages; however, defense teams often attempt to minimize non-economic claims, such as pain and suffering.

Expert testimony is often required to even file a malpractice suit in Georgia. These specialists explain how a provider’s actions fell below accepted standards and link that negligence to your injuries. Their role is especially crucial in complex cases, such as anesthesia errors, emergency room mistakes, or delayed cancer diagnoses.

Yes. Misdiagnosis or failure to diagnose conditions like cancer, infections, or heart disease are among the most common malpractice claims. Early detection can mean the difference between recovery and life-threatening progression, so proving the delay’s impact is central to these cases.

Medical negligence happens when a healthcare provider makes a mistake, overlooks something, or acts carelessly, such as prescribing the wrong dosage or failing to order the right test. Not every instance of negligence automatically rises to malpractice, however. For it to become malpractice, the error must directly harm the patient and cause measurable damages, such as additional medical bills, prolonged illness, or even permanent injury. In other words, negligence is the careless act, while malpractice is negligence that results in real, compensable harm.

These cases are often lengthy due to the investigations, expert reviews, and discovery process. Some cases resolve within a year through settlement, while others may take several years if they proceed to trial. Depositions, where patients and providers testify under oath, are common. Your attorney will prepare you thoroughly for this process.

Doctors and hospitals frequently argue that:

• The injury was pre-existing
• Complications were unavoidable
• Risks were disclosed and accepted

An experienced malpractice lawyer knows how to challenge these defenses with medical records, expert testimony, and careful evidence gathering.

Birth injuries caused by negligence can lead to lifelong conditions such as cerebral palsy, brachial plexus injuries, or developmental delays. These cases often involve obstetricians, nurses, or hospitals and may require specialized testimony to prove that proper care could have prevented harm.

Emergency rooms are hectic, but providers are still held to professional standards. Claims may arise from misdiagnosis, delayed triage, failure to treat urgent symptoms, or medication mistakes in high-pressure ER settings.

When negligence results in death, surviving family members may bring a wrongful death claim. In Georgia, spouses, children, or parents can pursue damages for lost financial support, loss of companionship, and the deceased’s pain and suffering before death.

Medical malpractice claims are among the most challenging cases in personal injury law, requiring expert testimony, detailed evidence, and the resources to take on hospitals and insurers. Morgan & Morgan has the experience and scale to handle these complex cases, and we work on a contingency basis, meaning you pay nothing unless we win.

If you or a loved one has suffered due to medical malpractice in Atlanta, contact us today for a free case evaluation and take the first step toward justice.