What Qualifies as Medical Malpractice in Georgia? 2025

While doctors and healthcare providers are expected to uphold certain standards of care, mistakes can happen. When these mistakes lead to serious injuries or death, it’s important to understand your legal rights and options. But what qualifies as medical malpractice? Explore the key elements of medical malpractice, common types of medical negligence, and what patients can do if they’ve experienced medical negligence.

Key Elements of Medical Malpractice

Medical malpractice occurs when healthcare professionals do not follow a standard of care that another healthcare provider would follow under the same circumstances. To determine if the case qualifies as medical malpractice, four key elements must first be established.

1. Duty of Care. When a doctor-patient relationship begins, the healthcare provider assumes the duty of providing a certain standard of care to the patient.
2. Breach of Duty. This breach means that the healthcare provider failed to adhere to that standard of expected care.
3. Causation. Proof must be established that the healthcare provider’s negligence caused harm, injury, or death to the patient.
4. Damages. Damages comprise the actual harm caused to the patient in a measurable form, including physical injuries, emotional distress, medical expenses, lost wages, or loss of life.

If all four elements are present, the case may qualify as medical malpractice.

Common Types of Medical Malpractice

Medical malpractice can occur in many forms. Misdiagnosis happens when a healthcare professional incorrectly diagnoses a condition, which can lead to harmful treatment or no treatment at all. A delayed diagnosis means that the doctor failed to diagnose a condition in a timely manner. Both situations can lead to severe health consequences.

Surgical errors occur during a medical procedure, such as operating on an incorrect part of the patient’s body, leaving surgical equipment inside the patient, or anesthesia errors that cause serious harm or death.

If a patient receives the incorrect medication or dosage, severe consequences may result, such as overdose or death. Hospitals are also expected to maintain a safe environment for patients. Poor sanitation, inadequate staffing, or allowing unqualified medical professionals to perform medical procedures can be harmful to patients. Patients must be made aware of all procedures, risks, and benefits. Failure to obtain consent is considered medical malpractice as well.

Birth injuries occur when a medical professional’s negligence during childbirth results in harm to the baby or mother. This could include a failure to monitor fetal distress, improper use of forceps or vacuum extractors, or a delayed C-section that leads to oxygen deprivation.

How to Prove Medical Malpractice

Proving medical malpractice can be challenging. Patients must provide strong evidence to support their claim. Be sure to:

• Gather all medical records, test results, and documentation related to the treatment in question.
• Seek expert testimony from qualified medical experts to determine whether the healthcare professional deviated from the standard of care. If necessary, consult with other healthcare providers to get a second opinion or assess the harm done.
• Keep records of any additional medical expenses, lost wages due to the inability to work, or pain and suffering.
• Contact an Alpharetta medical malpractice attorney. An experienced personal injury lawyer can help guide the patient through every step of the legal process and ensure deadlines are met and effective evidence is collected.

Medical malpractice is a complex legal issue that requires a thorough understanding of healthcare standards, negligence, and legal procedures. Not every medical error qualifies as malpractice. Stephen LaBriola can help you evaluate your case and determine what you need and how to execute a successful claim.

FAQs About Alpharetta,GA Medical Malpractice Law

What Four Things Must Be Proven in a Medical Malpractice Case?

Four things that must be proven in a medical malpractice case include duty of care, breach of duty, causation, and damages. Duty of care involves proving that the healthcare provider has a duty to meet a certain medical standard. A breach of duty is a failure to meet that standard. Causation means that the breach in care directly caused harm to the patient. The patient must have suffered measurable damages, like physical injury, medical expenses, lost wages, or emotional distress.

Which Would Be an Example of Medical Malpractice?

An example of medical malpractice could include a surgeon operating on the wrong body part due to miscommunication or failure to review the patient’s records. Another example would be the misdiagnosis of a serious illness, prescribing the wrong medication or dosage, or failing to recognize and treat complications in a timely manner.

How Hard Is It to Prove Medical Malpractice?

Proving medical malpractice can be difficult because of the need for expert testimony, strong medical evidence, and clear causation. Plaintiffs must show that the provider’s actions deviated from the standard of care, directly causing harm. Juries often sympathize with doctors, making the verdict unpredictable. Without strong evidence and expert witnesses, proving medical malpractice isn’t easy, but an experienced medical malpractice attorney can help you create a strong case in your favor.

How Do You File a Medical Malpractice Claim in Alpharetta?

In order to file a medical malpractice claim in Alpharetta, you need to gather enough supporting evidence, including medical records and expert testimonies that prove the healthcare provider’s negligence. Georgia law requires an affidavit of merit, which involves a qualified medical expert certifying the claim. A skilled medical malpractice lawyer can ensure you meet all deadlines and complete all necessary steps to ensure you receive compensation for physical and financial damages.

What Compensation Can I Claim for Medical Malpractice?

Medical malpractice victims can seek compensation for economic and non-economic damages. Economic damages might include medical expenses, lost wages, and rehabilitation costs. Non-economic damages comprise emotional distress, pain and suffering, or the loss of quality of life. In extreme cases, punitive damages may be awarded to further punish the healthcare professional’s gross negligence.

Contact an Alpharetta Medical Malpractice Attorney Today

If you’ve suffered harm from a negligent medical experience, you might be wondering, “What qualifies as medical malpractice?” Fellows LaBriola LLP is a dedicated Alpharetta medical malpractice attorney who can walk you through each step of the legal process, from determining whether you have a strong enough case to gathering evidence on your behalf and representing you in court.

Call today to schedule a consultation to discuss the aspects of your case so we can help you recover both physically and financially.