When you seek medical care, you trust that your doctors, nurses, and hospitals will provide competent, safe treatment. Unfortunately, medical mistakes happen every day—and when they do, the results can be life-altering. If you suspect that a healthcare provider’s negligence caused your injury or worsened your condition, you may have a medical malpractice case. At Van Sant Law, our attorneys help patients across Georgia understand their legal rights and determine whether malpractice occurred.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure results in harm to a patient. The “standard of care” refers to what a reasonably competent provider in the same specialty would have done under similar circumstances.
Not every bad outcome equals malpractice. Medicine is complex, and some risks can occur even when doctors do everything right. However, when a provider’s conduct falls below professional standards, and that negligence directly causes injury, there may be grounds for a claim.
Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors or wrong-site surgery
- Medication or anesthesia mistakes
- Birth injuries caused by delivery errors
- Failure to monitor or respond to complications
- Improper treatment or failure to follow standard procedures
If you’ve experienced one of these issues—or believe your care was mishandled—it’s worth discussing your case with an experienced Georgia malpractice attorney.
Key Elements of a Valid Medical Malpractice Claim
To succeed in a Georgia medical malpractice case, four essential elements must be proven:
- Duty of Care – The healthcare provider owed you a duty, established through a doctor-patient relationship.
- Breach of Duty – The provider failed to uphold the appropriate standard of care.
- Causation – The provider’s breach directly caused your injury or worsened your condition.
- Damages – You suffered measurable harm, such as additional medical expenses, lost wages, or pain and suffering.
An attorney can review your medical records, consult with qualified medical experts, and assess whether the evidence supports these elements.
Georgia’s Medical Malpractice Laws & Deadlines
Georgia law imposes strict deadlines and requirements for malpractice cases. Most claims must be filed within two years from the date of injury or from when the injury should have reasonably been discovered. In no case can a malpractice claim be filed more than five years after the negligent act or omission.
Additionally, Georgia requires an “affidavit of merit”—a sworn statement from a medical expert affirming that at least one act of negligence occurred. This must be filed with your lawsuit. Without it, the case can be dismissed. Navigating these rules correctly is crucial, and working with an attorney who understands Georgia’s malpractice laws can make all the difference.
How a Lawyer Can Help You Evaluate Your Case
Medical malpractice claims are among the most complex areas of personal injury law. They require a deep understanding of both medical procedures and legal standards. At Van Sant Law, our team investigates your case thoroughly by:
- Reviewing your medical records and treatment history
- Consulting with independent medical experts
- Determining whether negligence occurred and if it caused your injuries
- Calculating your full damages, including future care needs and non-economic losses
Medical Malpractice Attorneys in Atlanta
We approach every case with compassion and determination, giving you honest answers about your legal options and what to expect.
If you suspect you’ve been a victim of medical negligence, don’t wait. Evidence can disappear, and deadlines can pass quickly.
Contact Van Sant Law today at (800) 234-9556 for a free consultation. Let our experienced attorneys help you uncover the truth and fight for the justice you deserve.
