Medical malpractice cases arise when a healthcare provider's negligence causes injury to a patient. These cases are among the most complex in personal injury law, requiring both medical knowledge and litigation skill. Georgia law imposes procedural requirements, including an expert affidavit that must accompany the initial complaint.
John Baker handles medical malpractice cases in Athens, Oconee County, and throughout Georgia. He carefully evaluates each potential case with qualified medical experts before deciding whether to pursue a claim.
Surgical Errors. Wrong-site surgery, retained surgical instruments, anesthesia errors, and complications resulting from a surgeon's failure to follow proper procedures.
Misdiagnosis and Delayed Diagnosis. Failure to diagnose cancer, heart disease, infections, or other serious conditions in a timely manner, resulting in delayed treatment and worse outcomes.
Medication Errors. Prescribing the wrong medication, incorrect dosages, or failure to account for dangerous drug interactions.
Birth Injuries. Injuries to the mother or infant during labor and delivery, including cerebral palsy, brachial plexus injuries, and injuries resulting from failure to perform a timely cesarean section.
Emergency Room Negligence. Failure to properly evaluate, diagnose, or treat patients in emergency settings, resulting in deterioration of the patient's condition.
Georgia law requires a plaintiff to file an expert affidavit with the complaint, attesting that at least one act of negligence occurred. This requirement means that medical malpractice cases must be thoroughly evaluated before filing. John Baker works with qualified medical experts to review records, identify the standard of care violations, and build a strong case before initiating litigation.
See also: Personal Injury, Wrongful Death.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury to the patient. The standard of care is what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances.
Georgia previously had a cap on noneconomic damages in medical malpractice cases, but the Georgia Supreme Court struck down that cap as unconstitutional in 2010 in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt. There is currently no cap on medical malpractice damages in Georgia.
Georgia law requires that a medical malpractice complaint be accompanied by an affidavit from a qualified medical expert stating that at least one act of negligence occurred and that the act caused the plaintiff's injuries. This requirement adds a significant upfront cost to medical malpractice cases and underscores the importance of thorough case evaluation before filing.
Contact John Baker for a free, confidential consultation. He will review your situation and help you understand your legal options.
