Medical malpractice cases are among the most difficult personal injury claims to pursue in Georgia. Most attorneys will not take them. Many that do are not prepared for the fight these cases require. After recovering more than $60 million for injured clients and trying cases across Georgia courtrooms, I want to share what I have learned about these challenging but critical cases.
Why Medical Malpractice Cases Are So Difficult in Georgia
Georgia law creates significant hurdles for medical malpractice victims before a case can even get started. Under O.C.G.A. 9-11-9.1, every medical malpractice lawsuit in Georgia must be accompanied by an expert affidavit from a qualified medical professional who confirms that the healthcare provider deviated from the accepted standard of care. This requirement alone stops many cases before they begin.
The statute of limitations is also strict. In most situations, you have two years from the date of the injury to file a medical malpractice claim in Georgia, with a maximum five-year statute of repose. Miss these deadlines and your case is gone regardless of how severe the malpractice was.
Georgia also caps non-economic damages in certain malpractice cases, and hospitals and healthcare systems have teams of experienced defense attorneys on retainer. These are not cases where a general practitioner can compete.
What My Experience Brings to These Cases
My background as a former assistant district attorney, where I prosecuted over 100 felony cases including a murder trial, gave me the trial skills that medical malpractice cases demand. These are cases that often go to trial because hospitals and doctors have insurance policies and legal teams that encourage them to fight. You need an attorney who is comfortable in the courtroom, not just at the negotiation table.
Through Awad Academy, where I train personal injury attorneys nationwide, I teach the principles that make complex litigation successful: exhaustive preparation, strategic expert selection, and the discipline to stay committed to a case that may take years to resolve. That discipline was built through 250 martial arts tournaments and refined through every case I have handled since founding The Awad Law Firm.
Signs You May Have a Medical Malpractice Case
If a medical professional failed to diagnose a condition that should have been caught, if a surgical error caused additional injury, if a medication error led to harm, or if negligent care during childbirth caused injury to a mother or child, you may have a viable medical malpractice claim under Georgia law.
Get a Qualified Opinion on Your Case
The Awad Law Firm evaluates potential medical malpractice cases with the same rigor we bring to every practice area. We offer free consultations and will tell you honestly whether we believe your case has merit. If we take your case, you pay nothing unless we recover compensation. Call us at (706) 365-0937 or visit our offices in Atlanta, Marietta, or Dalton.
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