Patients place a great deal of trust in their healthcare providers. When that trust is broken by substandard care, the consequences can be significant and long-lasting. Georgia law gives injured patients a path toward accountability. The process starts with an attorney examining several critical elements of the case.
Establishing the doctor-patient relationship
The first step is to confirm that a formal relationship existed between the healthcare provider and the patient. Without this foundation, no duty of care exists. Medical records, appointment logs and billing statements constitute crucial evidence. This relationship creates the legal obligation that forms the basis of any malpractice claim.
Understanding the standard of care
The standard of care represents the accepted practices within the medical community. “This defines the quality of care a competent provider would reasonably offer under the same conditions. An attorney can review your medical records to assess the care you received. They can also consult qualified medical professionals to determine whether that care met the standard. Georgia law requires a supporting affidavit from a licensed professional to validate this claim
Identifying the breach
After establishing the standard of care, the attorney searches for evidence of a breach. A breach happens when a provider’s actions fall below the accepted standard. Did the doctor misdiagnose a condition? Was a surgical error made? Were warning signs ignored? Medical records, diagnostic results and treatment notes can help pinpoint where things went wrong. This breach forms the heart of the case.
Proving causation and damages
Finding a breach is not enough. The attorney must also prove that the breach directly caused your harm. This is where the burden of proof becomes critical. In Georgia, the burden of proof falls on the injured patient. The patient must show by a preponderance of the evidence that the provider’s actions more likely than not caused the injury.
Calculating damages
Legal counsel can also evaluate the losses you suffered. These may include medical expenses, lost income, pain and suffering and ongoing care costs. Some injuries result in permanent disability or reduced quality of life. If medical malpractice occurred, Georgia law allows recovery for these types of losses.
Protect your right to file a claim
Georgia law holds medical providers responsible for preventable harm. The state sets a strict deadline for filing medical malpractice claims. This is generally two years from the date of injury, but no later than five years. Missing this window can permanently eliminate a claim. Being aware of this timeline is a critical part of protecting your rights.