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There must be a breach of the duty of care AND damages for a doctor to be guilty of medical malpractice. Additionally, before you can file a medical malpractice lawsuit, you must obtain an affidavit from a medical expert. The medical expert certifies that there is a factual basis for your medical malpractice lawsuit.

Georgia statute 51-1-27 states, ?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. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.?

For example, if a doctor or nurse fails to properly monitor a child and mother or use assistive devices improperly, they may be held responsible for resulting injuries. If a care provider's negligence caused your child's birth injury, you could have legal recourse and file a malpractice lawsuit.

Legal malpractice is defined as any negligent or wrongful act committed by an attorney that causes damage to his/her client.

Non-economic damages in a single medical malpractice action brought against a healthcare provider in Georgia are capped at $350,000. Noneconomic damages are capped at $350,000 for claims against one healthcare facility and increase to $700,000 if multiple facilities are found to be at fault.

In Georgia, a medical malpractice action is considered any claim for damages resulting from the injury of any person arising from health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to perform such service or by any person acting under the ...