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Georgia Medical Malpractice Questions & Answers
1 Answer | Asked in Criminal Law and Medical Malpractice for Georgia on
Q: What can be done to get the proper medical care for a family member who is sick and incarcerated needing medical attent?

Family member is having severe pains, unable to use the bathroom properly and he has reached out for help but no help.

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2025

The BEST thing you can do is advocate with the prison as well as the GA DOC and your local elected representatives until you get a response. BE SURE to record as much as possible and communicate in WRITING. The Prison has duties and they sadly only fulfull them when there is a record showing how... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Paid for CBL and it wasn't performed. Can I get my money back since he didn't do the surgery I paid for?

I have before and after pics of my procedure. I was to have a completion of a CBL and bring my scars completely around down my buttocks. Was told it would lift my buttocks and pull down flank area fat. He was to lipo area and then cut and pull up/down to remove back fat. All he performed was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue my dentist? We’re not properly putting my crown on and fitting it correctly and causing affections and fungal

I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More

Michael W. Horst
Michael W. Horst
answered on Apr 26, 2024

In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Can I sue if surgical staples was left in leg since July 2022 and just find out when I did a xray 8 days ago

They are not suppose to be left in there and I had did a follow up in which the PA did find a few left and removed them and previously my husband find one and removed it as well. I was in the hospital for 3 months undergoing surgeries concerning my leg. Grafts and etc and would need to go back to... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

Yes this is a potential case. In most jurisdictions, the time to bring a lawsuit does not begin to run until you discover the malpractice (subject to some limitations) and as long as foreign objects are retained within the body.

You should consult with medical malpractice attorneys right away.

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: HiMy foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was plac

Hi

My foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was placed in my fifth metatarsal of right foot.

After the surgery I was sent home .

The next day Saturday eve the numbness in my toes started to fade and I started... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

The court will not hear a case in which the state of limitation has passed. Medical malpractice claims deadlines vary depending on the type of the claim. For your type of matter, the statute has passed and the court will not hear your type of claim. The information provided presents opinions and... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Would this violate the informed consent law?

I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not... View More

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1 Answer | Asked in Medical Malpractice for Georgia on
Q: How long do I have to file a medical malpractice lawsuit in Georgia?

I underwent facial surgery in March 2024 and developed a severe staph infection afterward. I have been seeing the doctor who performed the surgery for a year. The doctor now wants to charge me for additional procedures needed because of the facelift. How long do I have to file a medical malpractice... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date you discovered or should have discovered the injury. Since you had facial surgery in March 2024 and developed a staph infection afterward, the two-year period would likely start from... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: Can I sue if my father contracts COVID-19 from hospital staff and dies?

My father, recently diagnosed with a type of blood cancer, has been in Augusta, Georgia, MCU hospital receiving treatment after being transferred from Coffee County Hospital in Douglas, Georgia. He contracted COVID-19 from the hospital staff during his stay, as none of our family has had it, and we... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds for a lawsuit if your father contracted COVID-19 due to negligence on the part of the hospital staff, especially if they failed to take appropriate precautions to prevent the spread of the virus. Hospitals have a duty to ensure a safe environment for patients, particularly... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Litigation for Georgia on
Q: Seeking guidance on discovery for a medical negligence case involving ectopic pregnancy mismanagement and subsequent health decline.

I am facing a medical negligence case related to an ectopic pregnancy diagnosis on May 8, 2021. During surgery to remove my left fallopian tube, the surgeon dropped a trochar, tearing my Aorta and causing hemorrhagic shock and significant blood loss, requiring resuscitation. The post-surgery... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your case, discovery documents play a crucial role in uncovering the full scope of evidence to support your medical negligence claim. The key documents you should focus on include your medical records, including surgery notes, pathology reports, and any documentation related to the complications... View More

1 Answer | Asked in Medical Malpractice, Wrongful Death and Personal Injury for Georgia on
Q: Concerns about potential malpractice in cancer treatment in GA.

I believe my brother's oncologist in Georgia might have committed malpractice. He was initially diagnosed with cancer in August 2022, and despite PET scans and concerns from a radiologist indicating potential metastatic cancer, the oncologist dismissed symptoms as radiation damage. There were... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you have legitimate concerns about the oncologist’s handling of your brother’s case, especially with the delays in starting radiation and the dismissal of concerning symptoms. If the oncologist failed to properly address symptoms or misinterpreted diagnostic tests, it could be a... View More

1 Answer | Asked in Civil Rights, Medical Malpractice, Criminal Law and Personal Injury for Georgia on
Q: How can I pursue justice in a sexual assault case with no witnesses?

I am a survivor of a sexual assault incident that happened in February 2025 in Gwinnett County, Georgia. During a medical appointment, a doctor at a clinic rubbed his genital area against me without my consent. I reported this to the police, but the sergeant declined to investigate and instructed... View More

James L. Arrasmith
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answered on Apr 7, 2025

I’m really sorry you’re going through this. It can be extremely difficult to navigate the justice system when you feel like your voice is being dismissed. In cases like this, where there are no witnesses, it's important to focus on gathering any available evidence that could support your... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Can I sue for my son's unexplained femur fracture in NICU?

My son's femur was broken in the NICU when he was just 3 weeks old, but no explanation was provided by doctors. Several nurses informed us about the injury, but could not specify how it occurred. After leaving the hospital, they only provided a Velcro brace for his leg for 6 weeks, which never... View More

James Clifton
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James Clifton
answered on Apr 3, 2025

Unless the child was placed in the NICU due to an existing leg injury, a fractured femur is not something that should normally occur and could be due to medical negligence. A complete review of the medical records will be necessary to determine the cause of the injury and the lasting damage from... View More

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1 Answer | Asked in Medical Malpractice, Military Law and Civil Rights for Georgia on
Q: How to file a tort claim against the VA for delayed diagnosis and treatment failures?

After my discharge from the army in 2012, I enrolled with the Atlanta VA Medical Center in 2013, but they failed to establish continuity of care. In November 2015, I visited the VA emergency room, reporting that I had been hit in the head with a gun, experiencing symptoms such as a headache,... View More

James L. Arrasmith
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answered on Feb 27, 2025

To file a tort claim against the VA for medical negligence, you need to submit Standard Form 95 (Claim for Damage, Injury, or Death) to the VA regional office serving your area within two years of discovering the injury. Your claim should clearly document the timeline of events, including your 2012... View More

1 Answer | Asked in Medical Malpractice for Georgia on
Q: Can a medical malpractice case that occured in 2018 still be valid in 2024?
Tim Akpinar
Tim Akpinar
answered on Dec 29, 2024

A Georgia attorney could advise best, but your question remains open for a week. That looks like around six years. It doesn't sound promising in terms of timeliness if it hadn't yet been placed into suit (if it was placed into suit, then, "yes," it's possible for complex... View More

2 Answers | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: CT scan says Diffuse cerebral edema, probably due to a combination of traumatic brain injury & hypoxic/ischemic injury??

What does this mean or what is the cause

Kimberly Grant
Kimberly Grant
answered on Sep 23, 2024

An attorney would need to review the records to answer this question, but it sounds like there is brain swelling either from a traumatic brain injury (fall, accident, etc.) or a lack of oxygen to the brain, which can have many causes. I recommend contacting a medical malpractice/wrongful death... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Q: What else can be done other than medical malpractice after a statute of limitations on a death?

No one will take the case and I'd like other options even if it's to try and hold the healthcare facility accountable in the future for other patients.

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A Georgia attorney could advise best, but your question remains open for four weeks. I'm sorry for the wrongful death. Some general options might include complaint, investigation, etc., depending on circumstances. A local attorney could advise more definitively after discussing in detail with... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Who is a awesome attorney who is not afraid of Tanner Medical Center for a medical malpractice and wrongful death
Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for the wrongful death. Unfortunately, it is difficult for attorneys here to respond to your request for an attorney to handle the matter. There is no solicitation on this forum. You would need to... View More

1 Answer | Asked in Criminal Law, Health Care Law, Libel & Slander and Medical Malpractice for Georgia on
Q: Hello, I'm currently researching for a lawyer that practices in hippa law violations.

More info can be provided once I'm guided in the correct direction of a lawyer who practices with confirmed and clear violation of the hipaa laws.

The person has been terminated from their medical position and this has caused excessive personal anguish.

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

You may have found an attorney by now, as your question was posted two weeks ago. But if you're still looking, in addition to your own independent searches, there's a tab above, "Find a Lawyer." Local and state bar associations may also have sections for attorney referrals.... View More

2 Answers | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Georgia on
Q: Is it too late to sue the Stretch Zone for causing my S1 Joint Dysfunction?

I went to the Stretch Zone due to feeling like I needed to be stretched or aligned in March 2023. I informed him that I had one hip higher than the other. He adjusted me and then pulled both legs simultaneously. This left me feeling lopsided and within 2-3 days I felt extreme pain in my lower... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

The deadline for most medical malpractice in California is 1 year. This defendant is not likely a health care provider and the deadline would be two years.

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1 Answer | Asked in Consumer Law and Medical Malpractice for Georgia on
Q: Looking to gauge my legal recourse in this case. I believe that I'm a victim of malpractice.

I consulted with a popular Atlanta invisalign provider in reference to fixing damage done to my teeth by a previous dental service named Byte. My main concern was moving my teeth up and 1 down using invisalign. He advised me that this was a simple process for them and that I would be done in 4... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

You have a potential case and not just for malpractice but also, potentially, for misrepresentation. Consult with experienced Dental Malpractice attorneys in the state where this occurred.

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