Georgia Personal Injury Law Center > FAQ > Medical Malpractice

WHAT IS MALPRACTICE?

Malpractice may arise from a professional's misconduct or failure to use adequate levels of care, skill or diligence in the performance of the professional's duties that causes harm to another.

Malpractice typically occurs if a professional fails to exercise his or her professional skills in an assignment he or she has accepted at the standard of care, skill and learning applied circumstances by the average prudent reputable member of the profession in the give in the "community". Comparison of performance is based upon the standard of care for the professional in the "community" - what other professionals in the same field do for their clients who are located in the same geographic area.

In order for malpractice to be actionable, injury, loss or damage must be suffered by the person who retained the professional's services, or those otherwise entitled to benefit from or rely upon the professionals services.

WHO CAN COMMIT MALPRACTICE?

In theory, any professional who renders services upon which you and others rely upon can commit malpractice. Often, the professional is licensed or regulated by the state.

Accountants, attorneys, actuaries, chiropractors, dentists, physicians, psychologists and therapists  are typically the persons named in a "malpractice action". When others engage in malpractice, the action usually not specifically called malpractice, but negligence. In actual practice, only those who hold themselves out as having special skills or abilities are held accountable in malpractice litigation.

HOW DO I RECOVER DAMAGES SUSTAINED DUE TO MALPRACTICE?

The first inquiries help determine whether malpractice has been committed. Malpractice does not depend on "how nice" the professional was. What matters is what the professional did or failed to do? Would a similar professional in the community have done the same act or omission? Is there an injury, loss or damage as a result of the act or omission? Depending on your response to these (and similar) basic inquiries, there may have been actionable malpractice. 

You yourself are rarely in a position to know whether or not there was malpractice, and the professional who performed the service may be unwilling to tell you s/he's at fault. (He may not even know s/he's at fault.) In fact often an attorney has to hire an expert or consultant to help assess whether or not there was malpractice. Unless the facts are very clear, you generally would be asked to pay for the cost of that initial assessment.

CAN I RECOVER DAMAGES FOR MALPRACTICE FROM A PROFESSIONAL PROFESSIONAL CORPORATION?

Generally, yes. The corporation itself would be liable and, depending on your state's law, some or all of its professionals may be personally liable for their malpractice. In many states the professional who provides services remains liable for his/her acts - the corporation does not shield him from responsibility his own professional malpractice.

Many states also require professional corporations to post a bond or maintain liability insurance protection for any of its (or its professionals') malpractice, errors and omissions.

WHAT ELSE CAN I DO BESIDES SUE FOR MALPRACTICE?

Your first step could be to contact the profession who rendered the service. The professional may not be aware that there is a problem and that something needs to be done.

Most professionals are honest and diligent, although as they are still human they can make mistakes. Where the mistake can be corrected, many professionals who become aware of a problem take the necessary steps to provide a remedy -- without the need for any further action. Most professionals welcome the opportunity to make things right when given the chance -- this helps you obtain immediate relief and lets the professional correct the problem before any others are hurt.

State regulatory boards and licensing authorities also often regulate the practice of   professionals rendering service within the state. A professional must comply with the regulations established by the state in order to initially be licensed and thereafter to continue to be able to render services within the state. As part of the regulation of professional practices, these state agencies or organizations typically have review and disciplinary functions. Penalties and fines -- as well as the suspension or revocation of authority to render services in the state -- can be imposed by state agencies and organizations

If you feel that a professional has committed malpractice, and you have been damaged, you should consult with an attorney.  That can set the wheels in motion  both to enable you to recover for the harm you were caused and to stop offending behavior by that and other professionals.

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