Atlanta Medical Malpractice Lawyer – Holding Negligent Healthcare Providers Accountable

When you trust a doctor, hospital, or healthcare provider with your health, you expect safe and competent care. But when that trust is broken, and medical negligence causes harm, you deserve answers and justice. At Rafaeli Law PLLC, our experienced Atlanta medical malpractice lawyers fight for individuals and families impacted by preventable medical errors in Georgia.

Explore more about our personal injury legal services or read real client outcomes on our case results page.

What Is Medical Malpractice in Georgia?

Medical malpractice occurs when a healthcare provider breaches the standard of care, resulting in injury, illness, or death. The “standard of care” is the level of skill and treatment that a reasonably competent medical professional would have provided in similar circumstances.

To prove medical malpractice in Georgia, you must show:

A doctor-patient relationship existed – This confirms that the healthcare provider owed you a duty of care.
The provider was negligent – Their actions (or failure to act) must fall below the accepted standard of care.
The negligence directly caused injury or harm – There must be a clear link between the mistake and the resulting damage.

Under Georgia law, malpractice claims typically require an affidavit of merit from a qualified medical expert to proceed. This affidavit is essential to prevent frivolous lawsuits and ensure legitimate cases are supported from the outset.

Want to learn more about our firm? Visit our about page or meet our attorneys.

Common Types of Medical Malpractice Cases We Handle

Our Atlanta medical malpractice attorneys handle a broad range of complex cases. Below are common forms of medical negligence, each with life-altering consequences:

Misdiagnosis or Delayed Diagnosis – Failing to detect serious conditions like cancer, heart attacks, or infections can deprive patients of timely treatment. Delays often make the condition worse and can lead to death.

Surgical Errors – These mistakes include operating on the wrong body part, performing unnecessary procedures, or leaving surgical tools inside the patient. They often lead to permanent disability, secondary surgeries, and immense trauma.

Medication Errors – Wrong prescriptions, incorrect dosages, or harmful drug interactions can cause allergic reactions, organ failure, or death. According to the FDA, medication errors harm at least 1.5 million people annually in the U.S.

Birth Injuries – Negligent prenatal care or mistakes during delivery can cause lifelong disabilities such as cerebral palsy, brain damage, or even infant death. These injuries are emotionally and financially devastating for families.

Anesthesia Mistakes – Anesthesiologists play a critical role during surgeries. Errors in dosage or failure to monitor vitals can result in hypoxia, brain damage, or death on the operating table.

Hospital-Acquired Infections or Negligence – Improper hygiene, contaminated tools, or poor infection control can lead to serious complications like MRSA or sepsis. The CDC reports that 1 in 31 hospital patients has at least one healthcare-associated infection.

Explore our birth injury and medical malpractice pages for more specific case types.

Atlanta Medical Malpractice Statistics

Medical errors remain a significant public health issue in Georgia and across the U.S.:

Georgia ranks among the top 15 states for total medical malpractice payouts.
In 2022, more than $103 million was paid in medical malpractice claims in Georgia alone.
A Johns Hopkins study estimates that over 250,000 deaths per year in the U.S. are due to medical errors, making it the third-leading cause of death.

Source: National Practitioner Data Bank, Georgia Composite Medical Board

If you’re in another practice area, such as nursing home negligence or product liability, we also provide full support.

Who Can Be Held Liable in a Medical Malpractice Case?

Multiple parties may be liable, depending on the circumstances of the case:

Physicians – General practitioners and specialists who fail to diagnose or treat properly.
Surgeons and anesthesiologists – Responsible for safe surgical procedures and anesthesia management.
Nurses and nurse practitioners – Can be liable for monitoring errors, medication administration issues, or failing to report patient changes.
Hospitals and clinics – May be held accountable for systemic failures, undertrained staff, or unsafe environments.
Pharmacists – Mistakes in dispensing the wrong medication or dosage.
Radiologists and lab technicians – Diagnostic errors, mislabeled tests, or failure to identify critical results can lead to harm.

A thorough investigation is key to identifying every responsible party and holding them accountable.

Our slip and fall and premises liability teams handle similar accountability investigations.

Key Damages and Compensation in Atlanta Medical Malpractice Cases

Damage Type	Description
Economic Damages	Covers tangible financial losses such as medical bills, lost income, and future treatment costs.
Non-Economic Damages	Includes pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
Punitive Damages	Rare, but awarded in extreme cases of gross negligence or intentional misconduct.
Wrongful Death Damages	Includes funeral expenses, loss of companionship, and future lost income to the surviving family.
Georgia Damages Cap	No cap on economic or non-economic damages; punitive damages capped at $250,000 in most cases.
Burden of Proof	Plaintiff must show a direct link between provider’s negligence and the injury suffered.

What Compensation Can You Recover?

Victims of medical malpractice are often left facing long-term physical, emotional, and financial burdens. Georgia law allows recovery for a wide range of damages:

Medical expenses – Includes ER visits, surgery, rehabilitation, therapy, and future healthcare costs.
Lost income and earning capacity – If the injury prevents you from working or limits your career.
Pain and suffering – Non-economic damages to account for physical discomfort and emotional distress.
Disfigurement or disability – Life-altering changes in mobility, appearance, or independence.
Loss of consortium or companionship – Compensation for the impact on relationships or family life.
Wrongful death damages – In cases where the victim dies, family members may claim funeral costs, lost income, and emotional losses.

See our wrongful death page for related legal support and claim eligibility.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

At Rafaeli Law PLLC, we’re committed to providing strategic, client-focused representation in every malpractice case. Our law firm offers:

Proven results – Success in complex litigation against hospitals, insurers, and corporations.
Aggressive representation – We don’t back down from tough cases.
Client-focused service – Regular updates, accessible attorneys, and full transparency.
Contingency-based fees – You don’t pay unless we win.

Visit our testimonials page to read how we’ve made a difference for past clients, and explore our attorneys‘ credentials and experience.

How to File a Medical Malpractice Claim in Atlanta, GA

Here’s how the process works, step-by-step:

Consult a medical malpractice attorney

Prompt legal guidance helps secure critical evidence and ensures deadlines are met. Start by reaching out through our contact page.

Gather medical records and expert affidavits

An affidavit of merit from a qualified expert is required to file your case in Georgia. It must clearly state how the standard of care was violated.

File your claim within the statute of limitations

Time is crucial:

2 years from the injury date in most cases
5-year maximum if harm was not immediately apparent (statute of repose)
Extended timelines for minors, fraud, or intentional concealment

We guide you through every step to ensure compliance with Georgia’s strict legal requirements.

For injury cases beyond malpractice, check our car accident and pedestrian injury sections.

Get Help From an Atlanta Medical Malpractice Lawyer Today

If you or a loved one suffered due to a healthcare provider’s mistake, you may be able to hold them accountable and recover financial compensation. At Rafaeli Law PLLC, we are proud to fight for Atlanta-area patients and families who have been harmed by the very people they trusted with their health.

We’re here to help. Contact us now or even call us for a free case review.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

Rafaeli Law is top-notch! From the very first call, their team was professional, responsive, and clearly knew what they were doing. They didn’t waste any time — they moved fast, kept me informed, and went after results with real determination. You can tell they’re go-getters who truly care about their clients. If you need a law firm that’s sharp, efficient, and fights for you, I highly recommend Rafaeli Law.

Maurice M.

Kerollos A.

Can't say enough good things about Rafaeli Law. Their team is incredibly professional, responsive, and genuinely committed to helping you through every step of the process. Their attention to detail and dedication to achieving the best possible outcome truly sets them apart. If you're looking for a trustworthy, knowledgeable, and results-driven legal team, Rafaeli Law is the place to go.

Heather H.

I had a great experience with Rafaeli Law after my car accident. They were professional, responsive and always made sure I understood each step of the process. A special thank you to Jindy - she was absolutely amazing. She was kind, patient and incredibly helpful every time I had questions or concerns. I highly recommend them to anyone who needs legal help after an accident.

Lorena Z.

Rafaeli Law, not only took the time to really listen to my situation but made me feel like they truly listened so they could understand and do the best they possibly could in asserting my case. In every step of the process they communicated with me. If I ever need a lawyer in the future I will be reaching out to them and will be recommending them to my friends and family.

Vanessa C.

FAQ

Frequently Asked Questions

1. How do I know if I have a medical malpractice case in Atlanta?

If a healthcare provider in Atlanta misdiagnosed you, performed a surgical error, or provided substandard care that resulted in harm, you may have a case. A qualified medical malpractice attorney can review your situation and help determine if negligence occurred.

2. What types of medical errors are most common in Georgia hospitals?

Common errors include misdiagnosis, delayed diagnosis, surgical mistakes, medication errors, birth injuries, and failure to treat. According to the CDC, medical errors are a leading cause of injury and death nationwide.

3. How long do I have to file a medical malpractice lawsuit in Georgia?

In most cases, you have two years from the date of injury or discovery of the injury. However, there are exceptions, especially for minors or delayed diagnoses. The statute of repose limits claims to five years from the date of the incident.

4. Can I sue a hospital or just the individual doctor?

Yes, you may be able to hold hospitals or other medical facilities liable if the provider was an employee or if institutional negligence (such as poor policies or supervision) contributed to your harm.

5. What compensation can I recover in a medical malpractice case?

Compensation may include economic damages (medical bills, lost income), non-economic damages (pain and suffering), and in rare cases, punitive damages for gross negligence.

6. Do I need an expert witness to prove my case in Georgia?

Yes, Georgia law requires an affidavit from a qualified medical expert when filing a medical malpractice claim. The expert must confirm that your provider violated the standard of care.

7. What does it cost to hire a medical malpractice attorney in Atlanta?

At Rafaeli Law PLLC, we handle medical malpractice cases on a contingency fee basis, meaning you pay nothing unless we win your case. Initial consultations are always free.

8. Are medical malpractice settlements common in Atlanta?

Yes, many cases settle before trial. According to Georgia Department of Public Health, over 60% of claims are resolved through settlement, often due to clear-cut liability or the high cost of trial.

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If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.

1500 Weston Rd Suite 200, Weston, FL 33326

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