When medical treatment goes wrong, the impact on your life can be hard to bear. Whether you’re dealing with new injuries or grieving the loss of someone you love, knowing what to do next can be confusing. Medical malpractice lawsuits involve rules, deadlines, and technical medical evidence that many people find frustrating and unfamiliar.
You might be wondering, can you sue for medical malpractice without a lawyer? The short answer is yes. Georgia law allows individuals to represent themselves. But whether that’s a good idea is another matter. This blog explains your legal rights, what’s required for a case in Georgia, and how attorneys handle these lawsuits. By the end, you’ll better understand whether self-representation is the right path and what help is available if you choose otherwise.
For immediate advice and guidance regarding your situation, reach out to a medical malpractice attorney near you for a free consultation. They can help you understand your rights and options and decide what steps to take next.
Understanding Medical Malpractice in Georgia
Medical malpractice happens when a healthcare provider causes injury by failing to meet the accepted standard of care. In Georgia, this standard comes from what a reasonably careful provider in the same field would do in a similar situation.
Some of the most common malpractice cases involve:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Anesthesia complications
- Failure to monitor patients
Georgia has a specific law for how long you have to file a claim. Under O.C.G.A. § 9-3-71, you usually have two years from the date of injury or death. In rare cases, that deadline may extend, such as when the injury wasn’t discovered right away. However, no case can be filed more than five years after the malpractice happened.
Can You File a Medical Malpractice Lawsuit Without an Attorney?
Filing a lawsuit without an attorney is legal, but whether it makes sense depends on several factors.
Yes, You Have the Legal Right to Self-Representation
Georgia law doesn’t require you to hire a lawyer for any civil lawsuit. This includes medical malpractice cases. If you choose to represent yourself, the court will call you a “pro se” party. The U.S. Constitution protects this right, and courts in Georgia allow people to handle their own cases.
But Should You? The Practical Challenges
Even though the law allows it, self-representation often involves obstacles.
Medical malpractice cases rely on detailed medical records, opinions from qualified professionals, and specific legal filings. In Georgia, O.C.G.A. § 9-11-9.1 says that a person filing a malpractice complaint must also file an affidavit from a medical professional. That affidavit must explain how the provider’s care failed and how that failure caused the injury.
If that affidavit isn’t filed within 120 days of the complaint, the court may dismiss the case.
Pro se plaintiffs are also responsible for meeting all deadlines, filing paperwork correctly, arranging depositions, presenting evidence, and understanding court rules. Without legal training or access to medical consultants, most people find it hard to gather the evidence they need or present it in a way that judges and juries find convincing.
What Are the Requirements for a Medical Malpractice Case in Georgia?
Before you decide how to move forward, it helps to know what the law requires to prove your claim.
Proving the Four Elements of Negligence
Medical malpractice is a type of negligence claim. To succeed, you must prove these four elements:
- Duty of Care: The provider had a legal duty to treat you.
- Breach of Standard of Care: The provider didn’t follow accepted medical practices.
- Causation: That failure caused your injury or condition.
- Damages: You suffered measurable harm, such as additional medical treatment, loss of income, or other lasting effects.
Georgia's Affidavit of Expert Witness Requirement
As mentioned earlier, Georgia requires an affidavit of merit to go along with your lawsuit. The person who signs that affidavit must be licensed, experienced in the relevant field, and able to explain how the provider’s actions caused your injury.
You have 120 days from the time you file your complaint to submit this affidavit. Failing to do so usually results in dismissal unless the court grants extra time for valid reasons.
How Much Does It Cost to Hire a Medical Malpractice Attorney?
If you’re worried about cost, you’re not alone. Many people delay calling an attorney because they assume they can’t afford one.
Contingency Fee Arrangements
Most personal injury attorneys, including those who take medical malpractice cases, work on a contingency fee basis. That means they only get paid if your case results in a financial recovery through settlement or trial. You don’t pay hourly rates or upfront fees.
The attorney’s payment usually comes out of the amount recovered. That arrangement gives people access to legal help without paying anything upfront.
Additional Case Expenses
Medical malpractice cases involve extra costs that go beyond legal work. Some examples include:
- Hiring medical professionals to review records and testify
- Paying for certified copies of your medical history
- Court filing fees and costs for depositions
Law firms often pay these expenses as the case moves forward. If the case settles or ends in a favorable verdict, those expenses are reimbursed out of the total recovery. If there’s no recovery, you typically don’t owe these fees out of pocket.
How Lewis Law Can Help
Attorney Ken Lewis has more than 13 years of experience helping people hurt by medical errors in Georgia. Our firm builds strong cases by reviewing records, working with top medical professionals, and digging deep into the facts.
We prepare every case as if it might go to trial, even if it settles before that point. That preparation gives us stronger leverage when dealing with insurance companies and defense lawyers who want to avoid courtroom risk.
If settlement talks break down because the other side refuses to be fair, we take the case to court and present the strongest possible argument on your behalf.
We also offer a free case review. During that meeting, we’ll answer your questions, look at your situation, and explain your legal options clearly. There’s no pressure to move forward if you’re not ready.
Frequently Asked Questions About Med Mal Claims
Can I still file a claim if the doctor admits fault?
Yes. While that admission can help your case, you’ll still need evidence showing the provider’s actions caused your injury and led to damages.
What if I can't afford medical records for my case?
Many attorneys pay for these records upfront and recover those costs later if your case results in compensation.
Do all medical malpractice cases go to trial?
No. Many settle after both sides exchange information and assess the risks of trial. An attorney can handle those discussions and push back if the other side isn’t being reasonable.
Contact Our Skilled Med Mal Lawyer in GA Now
Lewis Law brings over 13 years of medical malpractice experience to every case. We give each client personal attention and fight for the highest possible recovery allowed by law. From the first consultation to the final outcome, we stay committed to your needs.
Our office provides free consultations and works on a contingency fee basis. You won’t owe us anything unless we recover money for you. Because Georgia law limits how long you have to file, don’t wait to get the legal advice you need.
Contact us now to speak with a personal injury lawyer serving in Winder, GA who has your best interests at heart.