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MALPRACTICE

What is Malpractice?

Malpractice happens when a professional fails to give the appropriate  professional skill level in an assigned task. The lack occurs in the standard of care or skill failing to meet that which would be given by the average prudent reputable member of a given profession.  Comparison of performance is based upon the standard of care other professionals in the same field would perform for their clients who are located in the same geographic area.    Malpractice is applicable when injury, loss or damage has been suffered by the plaintiff (the one who retained the professional's services), or those otherwise entitled to benefit from or rely upon the professionals services.

Is there anything specific about malpractice in Georgia?

If medical negligence has been perpetrated against you in Georgia, you may be entitled to recover damages in a medical malpractice action. However,  you must prove, that the doctor’s treatment deviated from the standard of care customarily provided by other doctors in similar circumstances.

You can not file a lawsuit for medical malpractice unless you obtain an  affidavit from another doctor saying that, in his opinion, malpractice has been committed. Competent expert medical testimony is necessary to prove that your doctor was negligent in regards to the treatment that was provided to you.

Who can commit malpractice?

Basically, only those who hold themselves out as having special skills or abilities are held accountable in malpractice litigation. In light of that, any  professional who renders services upon which you and/or others rely upon can commit malpractice. Some professionals may even be  state licensed or regulated. These include, but are not limited to: accountants, attorneys, chiropractors, dentists, physicians, psychologists and therapists.  When others engage in malpractice, the action usually not specifically called malpractice, but negligence. In actual practice,