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Medical Malpractice

Medical Malpractice

Doctors, nurses, and scores of other medical professionals are among the most respected and trusted members of their communities because of their educational backgrounds and the nature of their work. The people who perform complex surgeries or other medical procedures, however, are still human beings susceptible to error.

When any kind of a mistake is made during a medical procedure, the error can have a profound, possibly life-altering impact on the life of a victim. When a health care professional fails to competently perform his or her medical duties, it is referred to as medical malpractice—a highly complex area of law that involves plaintiffs needing to satisfy certain special requirements.

Attorney for Medical Malpractice in Atlanta, GA

If you suffered catastrophic injuries or your loved one was killed because of any kind of mistake by a medical professional in Georgia, it is in your best interest to seek legal representation as soon as possible. Marcus A. Roberts & Associates represents clients who have sustained all kinds of personal injuries in DeKalb County, Cobb County, Gwinnett County, Fulton County, and Clayton County.

Atlanta personal injury lawyer Marcus A. Roberts can conduct a thorough investigation and will work tirelessly to hold all negligent parties accountable. Call 404-577-4444 to have our attorney provide a complete evaluation of your case during a free initial consultation.


Fulton County Medical Malpractice Information Center


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Georgia Medical Malpractice Laws

Georgia Code § 51-1-27 establishes that a “person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill.” Under this statute, “any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.”

Under Georgia Code § 9-3-71, an action for medical malpractice must be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred. The two-year statute of limitations may be extended to five years, however, if a victim’s injury was not immediately evident when the malpractice occurred. Other exceptions exist in certain cases, such as claims involving foreign objects being left inside victims, which must be filed within one year.

Georgia Code § 9-11-9.1 also requires plaintiffs to file an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim, with their complaints in any action for damages alleging professional malpractice against:

  • A professional licensed by the State of Georgia and listed in subsection (g) of this Code section;
  • A domestic or foreign partnership, corporation, professional corporation, business trust, general partnership, limited partnership, limited liability company, limited liability partnership, association, or any other legal entity alleged to be liable based upon the action or inaction of a professional licensed by the State of Georgia and listed in subsection (g) of this Code section; or
  • Any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (g) of this Code section.

Victims of medical malpractice can be entitled to obtain compensatory damages—which includes damages that are economic (medical expenses, lost income) and/or noneconomic (pain and suffering)—and possibly punitive damages. While caps on compensatory damages in medical malpractice cases were imposed as a result of the Tort Reform Act of 2005, the Supreme Court of Georgia later declared such caps to be unconstitutional. Georgia Code § 51-12-5.1 still imposes a cap of $250,000 on punitive damages in medical malpractice cases, although exceptions may be provided for cases of intentional malice or particularly egregious negligence.


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Types of Medical Malpractice in Atlanta

Marcus A. Roberts & Associates handles several different kinds of medical malpractice cases. Some of the hospital and health care issues that our firm has previous experience with include, but are not limited to:

  • Failure to Diagnose;
  • Misdiagnosis;
  • Prescription Errors;
  • Birth Injuries;
  • Drug Recall;
  • Inadequate Treatment;
  • Failure to Follow Guidelines;
  • Retained Foreign Objects After Surgery;
  • Substandard Care;
  • Lack of Informed Consent;
  • Surgical Errors;
  • Anesthesia Errors; and
  • Hospital Liability Issues.

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Georgia Resources for Medical Malpractice

Atlanta Medical Association — Founded in 1890, the mission of the Atlanta Medical Association is “to act as a resource to optimize the health of our patients and members through political, educational, and social activities.” The Atlanta Medical Association claims “to be the conscience of American medicine by working to end the disparities in health care and to improve the quality of health of minorities.” Learn more about the history of the Atlanta Medical Association, read recent news, and view a listing of upcoming events.

100 Edgewood Ave. NE #820
Atlanta, GA 30303
(404) 586-0385

Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010) — Harvey P. Cole, M.D., of Atlanta Oculoplastic Surgery, d/b/a Oculus, performed CO2 laser resurfacing and a full facelift on Betty Nestlehutt in January 2006, but complications arose after the surgery that resulted in Nestlehutt’s permanent disfigurement. Nestlehutt sued Oculus for medical malpractice and after the initial case ended in a mistrial, a jury on retrial returned a verdict of $1,265,000—$115,000 for past and future medical expenses, $900,000 in noneconomic damages for pain and suffering, and $250,000 for loss of consortium. Nestlehutt and her husband moved to have Georgia Code § 51-13-1, which would have reduced the jury’s noneconomic damages award by $800,000 to the statutory limit of $350,000, declared unconstitutional, and the trial court granted the motion, entering a judgment for appellees in the full amount awarded by the jury. A motion for a new trial from Oculus was denied, and the Supreme Court of Georgia concluded on March 22, 2010, that the noneconomic damages caps in Georgia Code § 51-13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution.


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Marcus A. Roberts & Associates | Atlanta Medical Malpractice Lawyer

Did you sustain a serious injury or was your loved one killed because of the negligence of a medical professional in Georgia? You will want to immediately contact Marcus A. Roberts & Associates for help getting justice.

Marcus A. Roberts is an experienced personal injury attorney in Atlanta who represents individuals in communities throughout DeKalb County, Clayton County, Cobb County, Fulton County, and Gwinnett County. Call 404-577-4444 or submit an online contact form to have our lawyer review your case and answer all of your legal questions during a free, no obligation consultation.

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