If you believe a medical error in Atlanta caused you harm, a claim depends on evidence, not on the result of treatment alone. Our Atlanta medical malpractice lawyer can gather the records, arrange a review by a qualified physician, and assess whether the evidence can support each part of a claim. Moriarty Medical Malpractice Lawyers prepared this guide to explain what a patient must prove and how that proof is developed.
The Four Elements
Liability consists of four elements: duty, breach, causation, and damages. The patient, as the plaintiff, carries the burden of proving each one. If any element is missing, the claim fails, even when the others are strong.
Duty: The Provider-Patient Relationship
A duty of care arises when a provider agrees to treat a patient. Under O.C.G.A. § 51-1-27, a person who practices medicine or surgery for compensation must bring a reasonable degree of care and skill to that work. Duty is usually the easiest element to prove, because appointment records, admission records, and orders show who treated the patient.
Questions can arise when a physician consulted informally, reviewed a test without seeing the patient, or worked for a staffing group rather than the hospital. A hospital may also owe its own duties for staffing, policies, and the systems that relay results, which is a common issue in hospital negligence claims. Our article on the duty of care in surgical cases explains how the duty applies in the operating room.
Breach: A Departure From the Standard of Care
A breach occurs when a provider fails to act as a reasonably careful provider in the same field would have acted under similar circumstances. It can be an action, such as a wrong-site procedure, or a failure to act, such as not treating a condition that had already been diagnosed. Delays of that kind are the basis of failure to treat claims.
Breach is shown by comparing the records with what accepted practice required at the time. Our guide to the medical standard of care explains how that comparison is made and who may testify about it.
Causation: Often the Hardest Element
Causation connects the breach to the injury. The Georgia Supreme Court held in Zwiren v. Thompson that a patient must prove by a preponderance of the evidence that the negligence caused or contributed to the harm. The court also held that causation generally requires testimony from a qualified medical witness, because the question is beyond the knowledge of most jurors. That testimony must show a reasonable degree of medical probability, not a mere possibility.
Causation is frequently the central dispute for several reasons:
- The patient was already ill. The claim must separate the harm caused by the error from the harm the underlying condition would have caused anyway.
- More than one provider was involved. Records must show which decisions contributed to the injury and when.
- The injury developed over time. When a condition worsens gradually, the claim must show what a timely response would likely have changed.
A defense physician may testify that the outcome would have been the same with different care. The patient’s qualified medical witness must explain, based on the records and medical literature, why it more likely than not would have been different.
Damages: The Losses the Injury Caused
The final element is proof of actual harm. A breach that causes no injury does not support a claim. Damages can include:
- Past and future medical expenses, rehabilitation, and long-term care
- Lost wages and reduced ability to earn in the future
- Physical pain, emotional distress, and loss of enjoyment of life
Permanent injuries, such as a spinal cord injury, can require care for the rest of a patient’s life. Proving those future costs often involves treating physicians, life care planners, and economists. Our guide to malpractice damages in Georgia explains each category in more detail.
The Evidence That Proves a Claim
Medical records are the foundation of every element. They include physician orders, nursing notes, medication records, imaging, lab results, and the time stamps in the electronic chart. Those time stamps often show when a result was available and when someone acted on it. Our guide to requesting your medical records explains how to obtain them.
Qualified medical opinions are the second part of the proof. O.C.G.A. § 24-7-702 requires a physician giving an opinion in a malpractice case to have practiced or taught in the relevant area for at least three of the last five years. Georgia also requires that a sworn statement from a qualified witness be filed with the complaint under O.C.G.A. § 9-11-9.1. That statement must identify at least one negligent act or omission and the facts supporting it. Our guide to the affidavit of merit covers that requirement.
Have Your Records Reviewed
Continue any medical care you need and follow the advice of a treating physician about your health. This guide explains legal concepts and is not medical advice. Whether a claim can be proven depends on the facts of your case.
Moriarty Medical Malpractice Lawyers represents patients and families in Atlanta and nearby communities, including Peachtree Corners. Contact us to schedule a free consultation and have our attorneys review the evidence in your case.
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