How to File a Medical Malpractice Claim in Georgia: A Step-by-Step Guide

When a healthcare provider fails to meet their professional obligations, and that failure results in injury, the consequences are not just physical; they ripple through every part of a person’s life. 

Unfortunately, in Georgia, the legal process for addressing these failures is not always straightforward. Understanding how to file a medical malpractice claim requires clarity, urgency, and guidance. At The Dixon Firm, we are here to deliver all three.

Georgia’s medical malpractice laws are uniquely structured, with specific requirements that must be met before a claim can even be filed. We understand how overwhelming that process may seem for injured patients and their families, which is why we are committed to walking you through it step by step with clear answers, aggressive legal strategies, and compassionate care. Our bilingual legal team is ready to stand by your side and demand the accountability you deserve.

Not every negative outcome in a healthcare setting amounts to malpractice. Under Georgia law, medical malpractice occurs when a healthcare professional deviates from the accepted standard of care AND that deviation directly causes harm to a patient. The “standard of care” refers to the actions that a reasonably competent provider would have taken in the same or similar circumstances.

Examples of medical malpractice may include:

• Misdiagnosis or delayed diagnosis that leads to the worsening of a condition
• Surgical errors, such as operating on the wrong site or leaving instruments inside a patient
• Medication mistakes, including incorrect dosages or dangerous drug interactions
• Birth injuries resulting from negligence during prenatal care or delivery
• Failure to monitor or respond to patient complications promptly

In each of these cases, the harm is not just the result of unfortunate luck; it is the result of a preventable failure.

Step 1: Prioritize Medical Attention and Document Everything

After any suspected instance of malpractice, your priority should be your health. Seek appropriate medical attention from a different provider if necessary, especially if your condition has worsened due to the original error. Beyond securing your safety, this step also establishes a medical record that can support your claim.

You should also begin collecting and preserving key documents:

• All medical records, lab reports, prescriptions, discharge instructions, and referral notes
• Written or digital communications with providers or clinics
• A personal log noting symptoms, treatment dates, interactions with healthcare personnel, and changes in your condition
• Photographs of anything, including of the body, that might be relevant

These records are critical. They create the factual foundation of your claim and help your attorney build a case that is both legally and medically sound.

Step 2: Consult a Georgia Medical Malpractice Attorney

Medical malpractice claims are among the most complex personal injury cases. They require knowledge of both legal procedures and medical standards. An experienced attorney can help you understand whether you have a valid claim, what your next steps should be, and how to move forward without missing critical deadlines.

From the moment we begin reviewing your medical malpractice case, we shoulder the legal and investigative burdens so that you can focus on recovery. Our team serves clients throughout Georgia, with both determination and empathy.

Step 3: Obtain the Affidavit of Expert as Required by Georgia Law

Georgia law requires that all medical malpractice lawsuits include an affidavit of an expert at the time of filing. This document must be signed by a qualified medical professional who treats the same condition that was wrongly treated and who asserts that the care provided fell below the accepted standard. Without this affidavit, your claim cannot proceed.

Step 4: File Your Lawsuit within Georgia’s Statute of Limitations

Timing is everything. In Georgia, the standard statute of limitations for medical malpractice is two years from the date the injury occurred. This is a general guideline, as the statute of limitations could be longer or short, depending on the circumstances and the defendant.

There is also a statute of repose, which imposes a strict five-year maximum from the date of the alleged malpractice, regardless of when the harm was discovered. Certain exceptions exist for cases involving minors, fraud, or foreign objects left in the body, but these are limited and fact-specific. Filing after these deadlines can result in your claim being dismissed with no opportunity to recover. 

Step 5: Begin the Investigation and Discovery Process

After your claim is filed, the litigation process begins. This phase includes:

• Depositions, where both parties provide sworn testimony
• Document production, including internal medical records, treatment policies, and provider notes
• Expert review, where independent specialists assess the treatment and testify to any breaches in standard care

Step 6: Settlement Negotiations or Trial

Most medical malpractice cases in Georgia are resolved through settlement negotiations, often before reaching the courtroom. However, if the healthcare provider or their insurance company refuses to offer fair compensation, your case may proceed to trial.

Our philosophy at The Dixon Firm is simple: prepare every case as if it will go before a jury. That preparation gives us leverage in negotiations and ensures we are ready to fight for you in court if necessary. Depending on the severity of your injury, you may be entitled to compensation for:

• Past and future medical expenses
• Lost income or reduced earning capacity
• Pain and suffering
• Emotional distress and mental anguish
• Long-term care needs and loss of quality of life
• Wrongful death damages in the event a loved one dies as a result of medical negligence

We build your case not just around what was lost, but what must be secured for your future.

Several aspects of Georgia’s legal system make malpractice litigation distinct from other personal injury claims:

• An affidavit of an expert is required before the case can proceed.
• Statute of repose: strict five-year cap on when claims can be filed
• No caps on economic damages, allowing full recovery for medical costs, lost income, and other measurable losses
• No caps on pain and suffering damages
• Local procedures vary by county, which can affect how quickly a case moves forward.

At The Dixon Firm, we do not take shortcuts, and we do not treat clients like case numbers. We understand the importance of knowing what to do after a medical mistake.

Here’s what makes us different:

• Proven Experience with high-stakes, high-complexity medical malpractice cases
• Client-Centered Representation, where your concerns are always heard and addressed
• Full Trial Preparedness, with a reputation for aggressive courtroom advocacy
• Bilingual, Accessible Support, so you and your loved ones always understand what is happening

We represent real people. And we fight like it.

Can I Sue My Doctor in Georgia?

Yes. If your doctor’s negligence resulted in injury, you can file a malpractice claim so long as all statutory and evidentiary requirements are met.

How Much Compensation Can I Receive?

It depends on your injury’s severity, the financial and personal losses you have experienced, and how those losses are documented. Some cases result in six- or seven-figure outcomes.

How Long Does the Legal Process Take?

Anywhere from several months to multiple years, depending on the case’s complexity, whether it settles, and court availability. We keep you updated as the case demands.

Medical malpractice cases demand strength, skill, and compassion. At The Dixon Firm, we offer all three, and we are ready to start today.

Contact the Dixon Firm now to schedule a free consultation. Our bilingual team is available to answer your questions, evaluate your case, and begin the process of seeking justice. Call us or fill out our online contact form today.