Medical Malpractice Attorney
in Atlanta & Alpharetta, GA

01

Duty of Care

A physician-patient relationship existed, creating a legal duty to provide care consistent with the applicable standard.

02

Breach of Standard of Care

The healthcare provider's conduct fell below the standard of care that a competent provider in the same specialty would have provided under similar circumstances.

03

Causation

The breach of the standard of care directly caused the patient's injury. This is often the most contested element and requires expert medical testimony.

04

Damages

The patient suffered actual harm — physical injury, additional medical expenses, lost wages, or death — as a result of the breach.

A missed or delayed diagnosis of cancer, heart attack, stroke, or other serious conditions can allow the disease to progress to a stage where treatment is no longer effective. We work with medical experts to establish what a competent physician would have diagnosed and when, and how the delay affected your outcome.

Wrong-site surgery, operating on the wrong patient, leaving instruments inside the body, and negligent post-operative care are among the most serious forms of medical malpractice. We obtain the operative records, nursing notes, and anesthesia records to reconstruct exactly what happened in the operating room.

Prescribing the wrong medication, the wrong dose, or failing to check for dangerous drug interactions can cause serious injury or death. These errors can occur at the prescribing, dispensing, or administration stage, and multiple parties may be liable.

Cerebral palsy, Erb's palsy, and other birth injuries caused by negligent obstetric care can affect a child for life. These cases require specialized medical experts and a thorough understanding of obstetric standards of care. We pursue the full lifetime cost of care for injured children.

Anesthesia errors — including failure to review the patient's medical history, administering too much or too little anesthesia, and failure to monitor the patient during surgery — can cause brain damage, cardiac arrest, and death.

Physicians are required to inform patients of the material risks of a proposed procedure and obtain their informed consent before proceeding. Performing a procedure without informed consent — or without disclosing known material risks — can constitute malpractice.

How long do I have to file a medical malpractice claim in Georgia?

Georgia's statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered or should have been discovered (OCGA § 9-3-71). However, there is an absolute statute of repose of five years from the date of the negligent act, regardless of when it was discovered. For cases involving minors, the limitations period does not begin to run until the child turns five years old. These deadlines are strictly enforced — contact Attorney Sherota immediately.

What is the 'expert affidavit' requirement in Georgia medical malpractice cases?

Georgia law (OCGA § 9-11-9.1) requires that a medical malpractice complaint be accompanied by an affidavit from a qualified medical expert who has reviewed the case and attests that the defendant's conduct fell below the applicable standard of care. This requirement means that medical malpractice cases require significant pre-filing investigation and expert retention. Attorney Sherota works with a network of qualified medical experts to evaluate and support your claim.

How do I know if I have a medical malpractice case?

Not every bad medical outcome constitutes malpractice. Medicine involves inherent risks, and physicians are not guarantors of good results. Malpractice occurs when a healthcare provider's conduct falls below the standard of care that a competent provider in the same specialty would have provided under similar circumstances. If you believe your injury was caused by a healthcare provider's error, contact Attorney Sherota for a free case evaluation. We will obtain your medical records, have them reviewed by a qualified expert, and advise you on whether you have a viable claim.

Does Georgia have a cap on medical malpractice damages?

Georgia previously had a cap on non-economic damages (pain and suffering) in medical malpractice cases, but the Georgia Supreme Court struck it down as unconstitutional in Atlanta Oculoplastic Surgery v. Nestlehutt (2010). There is currently no cap on non-economic damages in Georgia medical malpractice cases. However, punitive damages are capped at $250,000 in most cases.

Can I sue a hospital for medical malpractice in Georgia?

Yes. Hospitals can be held liable for medical malpractice under several theories: direct negligence (negligent hiring, credentialing, or supervision of staff), vicarious liability for the negligence of employed physicians and nurses, and apparent agency liability for the negligence of independent contractor physicians if the patient reasonably believed they were hospital employees. We evaluate all potential defendants in every medical malpractice case.

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