What happens if I cannot prove every element of a medical malpractice claim?

If you cannot prove every element of a medical malpractice claim in Georgia, then you will likely not be able to win the case in court. In Georgia, as well as other states, medical malpractice claims must meet a few requirements in order to be successful. These requirements are often referred to as the “elements of a claim.” In general, these elements are that the medical professional had a duty to provide medical care, that the medical professional breached that duty, that the breach caused injury or damage, and that the injury or damage caused the plaintiff’s damages. If any of these elements can’t be proven, then the case will likely fail. Additionally, it is also important to understand the statute of limitations for medical malpractice claims in Georgia. In Georgia, a person who believes they have been injured through medical malpractice must file a lawsuit in court within two years of the act causing the injury. If the case is not filed within two years, then the lawsuit may be considered time-barred and the person will no longer be able to bring a claim. Failing to prove each element of a medical malpractice claim, as well as not filing the case within the statute of limitations, can make it difficult to win a case in court. As such, it is strongly recommended that individuals in Georgia who believe they have suffered an injury due to medical malpractice seek legal advice from a qualified attorney to ensure that they are properly protected.

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