What to do after a medical malpractice injury
- Get copies of all your medical records.
- Avoid signing new authorizations from the provider's insurer.
- Document changes in your condition with new providers.
- Talk to a lawyer about deadlines — Florida and Georgia each have unusual and unforgiving malpractice deadlines, including statutes of repose.
Why hire a lawyer for a medical malpractice case?
Medical malpractice cases require qualified medical experts, careful records analysis, and strict compliance with Florida's presuit notice / expert affidavit process or Georgia's affidavit of merit requirement. They are not 'do-it-yourself' claims.
Common injuries we see
- Surgical errors
- Misdiagnosis and delayed diagnosis (especially cancer and stroke)
- Birth injuries
- Medication errors
- Anesthesia errors
- Hospital-acquired infections
What you can recover
Recovery can include past and future medical care, lost earnings, and pain and suffering. (Georgia previously capped non-economic damages but those caps were struck down; Florida has had its own non-economic cap history that has shifted with court rulings — current limits depend on the type of provider and case.)
Florida & Georgia law that affects your case
Florida requires a presuit notice of intent and a sworn medical expert affidavit before a malpractice suit can be filed, plus a 90-day presuit investigation period that tolls the statute of limitations. Georgia requires an expert affidavit of merit under O.C.G.A. § 9-11-9.1, typically filed with the complaint. The statute of limitations is generally two years in both states, with shorter notice deadlines for claims against public hospitals and statutes of repose that can cut off claims regardless of when the harm was discovered.
Insurance company tactics to watch for
- Aggressive defense supported by deep-pocketed malpractice insurers.
- Arguments that 'a bad outcome' isn't malpractice — true in general, but not a free pass for actual negligence.
How our process works
- Free consultation.
- Records analysis and expert review.
- Presuit notice (Florida) or affidavit of merit (Georgia) prepared with qualified medical experts.
- Negotiation; suit if needed.
