For over 50 years, the personal injury law firm of Finch McCranie LLP has helped patients recover medical malpractice compensation for their injuries. Our medical malpractice attorneys can obtain the best results possible for your malpractice case.
The medical malpractice attorneys at Finch McCranie LLP have recovered millions of dollars in settlements and verdicts on behalf of their clients.
Finding The Right Medical Malpractice Attorney in AtlantaIn Georgia, medical malpractice lawsuits tend to be among the most complex types of medical neglect claims. The thought of suing a doctor, suing a hospital, or big insurance company can be intimidating for many people. The lawyers at Finch McCranie have decades of experience in pursuing these types of claims and handling the complexities involved in filing and prosecuting these cases.
The most common type of professional malpractice is medical malpractice, which usually involves a physician or another health care professional that has acted negligently while diagnosing, treating, or advising a patient.
We have experience representing clients in Atlanta and throughout the State of Georgia in a wide variety of medical malpractice cases, including:
Mistakes in Treatment or Diagnosis FailureThe medical neglect lawyers at Finch McCranie LLP understand that successful medical injury cases hinge on two issues:
The medical malpractice defense attorneys at Finch McCranie prepare every case as though it is going to trial. This approach often allows us to resolve cases through a settlement process called mediation. Negligence defense lawyers know that we have a long history of success in obtaining large verdicts for our clients in medical malpractice cases, which help us to resolve a large number of cases without the uncertainty and expense involving a jury trial.
No Verdict No Fee Medical Malpractice Attorneys in Atlanta, GAAll of our malpractice cases are handled on a contingency fee basis. This means that you will pay no legal fees or upfront costs unless we secure a verdict or settlement on your behalf.
What Compensation Can You Recover in a Georgia Medical Malpractice Lawsuit?Under Georgia law, the damages available to victims of medical malpractice may include:
If medical malpractice caused the death of a loved one, Finch McCranie can seek different damages on your behalf such as compensation for funeral expenses and the loss of financial support.
How Long do You Have to File a Medical Malpractice Lawsuit in GeorgiaIn most instances, medical malpractice cases are subject to a two-year statute of limitations from the date of injury or death. See O.C.G.A. § 9-3-71(a). While the typical medical malpractice case is subject to a two-year statute of limitations, there are exceptions:
In “foreign object” cases involving leaving objects inside patients during surgery, such as sponges, needles, broken scalpels, etc., may be brought any time within one year of discovery of the object. See O.C.G.A. § 9-3-72.
In cases involving minors, when a child is injured, the child and the child’s parents have separate and independent claims. The parents’ claims include all medical and other necessary expenses related to the injury of the child up to the age of 18, and loss of the child services. For medical malpractice occurring before a child’s fifth birthday, the child’s suit must be filed by the seventh birthday. For acts of medical malpractice occurring after the fifth birthday, the limitation period is two years from the date of malpractice. See O.C.G.A. § 9-3-73(b).
In a case involving a wrongful death claim, the lawsuit must be filed within two years of the date of death. See Hart v. Eldridge , 250 Ga. 526 (1983).
In a case decided in June of this year, the Court of Appeals held that under the proper circumstances, an amended complaint adding a new party in a medical negligence case can relate back to the original filing for purposes of the two-year statute of limitations. See Tenet Healthsystem GB , Inc. v. Thomas, 816, S.E. 2d 627 (2018).
Georgia also has a statute of repose, which provides that even if the patient or family did not know about the malpractice, unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than five years after the actual incident of malpractice. See O.C.G.A. § 9-3-71(c). The statute of repose prevents the filing of a wrongful death medical malpractice claim if five years have passed between the time of the malpractice and the filing of the claim, irrespective of the date of death. See Braden v. Bell , 222 Ga. App. 144 (1996). However, the courts have allowed the filing of a wrongful death claim outside the five-year period if it is filed as an amendment to an already filed medical negligence lawsuit. See Wesley Chapel Foot and Ankle Center, L.L.C. v Johnson , 286 Ga. App. 881 (2007).
Contact Medical Negligence Attorneys Finch McCranie Today For a Free ConsultationThe Atlanta medical malpractice lawyers at Finch McCranie have decades of experience and a long track record of success. Please contact us online or call us at (404) 658-9070 for a free consultation.