Trial Attorney Blog
You may be able to file a medical malpractice claim when you or a loved one experienced harm as a result of a medical professional’s carelessness.
Many people aren’t sure whether they have the right to file or if their situation qualifies as malpractice.
As seasoned medical malpractice attorneys at Finch McCranie LLP, we believe understanding your legal rights is the first step in holding healthcare providers accountable and seeking the justice you deserve.
In this guide, we’ll explain who can file a medical malpractice claim, the legal grounds required, and what to expect from the process.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, hospital, or clinic—fails to meet the standard of care that a reasonably competent medical professional would provide in the same situation.
This failure can lead to patient injury, worsened health conditions, or even death.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia mistakes
- Failure to treat or follow up
Who May Properly File a Claim for Medical Malpractice?
Not everyone can file a malpractice claim. You must have legal standing, meaning you were directly affected by the malpractice or represent someone who was. Here’s a breakdown of who may be legally permitted to file:
The Injured Patient
The most direct and common claimant is the patient who suffered injury or harm due to medical negligence.
If you were the person who received substandard medical care and endured complications, physical or emotional harm, or financial loss, you likely have grounds to file a claim.
You may be eligible if:
- You were treated by a licensed healthcare provider
- You suffered actual injury or damage
- There is a clear link between the provider’s negligence and your injury
Parents or Guardians (on Behalf of a Minor Child)
The law allows a kid’s parent or legal guardian to make a claim on the child’s behalf when medical conduct harms the youngster.
Children cannot bring legal actions themselves, so a responsible adult must pursue justice for them.
This is common in birth injury cases, pediatric malpractice, or situations where misdiagnosis delayed critical treatment.
Legal Representatives of an Incapacitated Person
Sometimes, a patient is not mentally or physically capable of filing a claim due to their condition.
In such cases, a legally authorized representative—like a power of attorney, guardian, or conservator—can initiate the malpractice lawsuit.
At Finch McCranie, we handle complex cases where family members are navigating care for loved ones with brain injuries, dementia, or comas.
We can help you determine the best course of legal action if your loved one is incapacitated.
Family Members of a Deceased Patient (Wrongful Death Claims)
If medical malpractice leads to a patient’s death, certain surviving family members have the legal right to file a wrongful death claim.
This type of claim allows them to hold the negligent healthcare provider accountable and pursue compensation for their loss.
It can cover medical expenses, funeral costs, loss of income, and the emotional impact of losing a loved one.
Filing a claim not only helps families recover financially but also brings a sense of justice and closure.
Under Georgia law, eligible parties include:
- Spouse – Usually the first to file, also representing minor children.
- Children – Can file if no spouse exists or join the spouse’s claim.
- Parents – May file if the deceased had no spouse or children.
- Estate Representative – Acts on behalf of next of kin if no immediate family is available.
Healthcare costs, funeral expenses, neglected wages, and loss of companionship may all be covered by these claims.
Estate or Personal Representative
In some cases, particularly when there are no immediate surviving family members or when required by law, the personal representative of the deceased’s estate—either an executor named in a will or a court-appointed administrator—has the legal authority to file a medical malpractice claim.
This representative can bring:
- Wrongful Death Claims – For losses suffered by surviving beneficiaries, such as loss of income, services, and companionship.
- Survival Actions – For damages the deceased could have claimed if they had lived, such as pain and suffering or final medical expenses.
The personal representative acts on behalf of the estate and ensures that rightful claims are pursued, even if family members are unavailable or unwilling to initiate legal action.
At Finch McCranie LLP, we often assist executors and administrators with filing and managing malpractice claims, making sure legal requirements are met while offering compassionate, experienced guidance through the process.
Next of Kin or Dependents (in Limited Situations)
In rare cases, extended family members or dependents (such as stepchildren or long-term partners) may file claims if they can prove a significant legal or financial dependency on the deceased.
The eligibility varies by state, so it’s essential to consult with a malpractice attorney familiar with Georgia law.
When Are You NOT Eligible to File a Malpractice Claim?
Even if you were emotionally affected by a loved one’s injury or death, you may not have legal standing if:
- You were not directly harmed
- You have no official legal or familial relationship with the injured party
- The damage occurred from an understood procedure risk or repercussions.
This is why consulting a skilled attorney is so crucial. At Finch McCranie LLP, we provide honest, clear legal guidance so you understand your position from day one.
What Evidence is Needed in a Malpractice Case?
Simply experiencing a negative outcome from medical treatment isn’t enough. To succeed in a malpractice claim, you must prove:
- A Duty of Care Existed: The medical professional had a legal obligation to treat you.
- Breach of Duty: They failed to provide therapy that complied with recognized medical standards.
- Causation: The breach directly caused your injury.
- Damages: As a result, you suffered emotional, financial, or physical harm.
Our legal team collaborates with medical experts to build strong, evidence-backed cases for our clients.
Why It’s Important to Act Quickly
Georgia has strict statutes of limitations for filing a malpractice claim.
Generally, you have two years from the date of injury—or discovery of the injury—to file a lawsuit. However, there are exceptions, such as:
- The clock could halt for minors until they attain adulthood.
- For wrongful death the deadline may differ depending on when the death occurred.
Delaying action can mean losing your right to file. For that reason, as soon as you suspect negligence, you must get in touch with an experienced lawyer.
How Finch McCranie LLP Can Help
With over 50 years of legal experience, Finch McCranie LLP has a strong reputation for representing victims of serious personal injury and medical malpractice across Georgia and beyond. We provide:
- Thorough case evaluations to determine the strength of your claim
- Access to top medical experts who can review your records and support your case
- Aggressive litigation and negotiation to pursue fair compensation
- Compassionate legal support during an emotionally overwhelming time
Our medical malpractice attorneys know how to navigate complex healthcare systems, insurance companies, and courtrooms.We handle care of things so you can focus on getting better.
Real-World Example: When Filing Rights Made a Difference
A mother brought her child to a hospital for recurring symptoms, but doctors misdiagnosed the condition as minor. Due to an untreated infection, the child eventually suffered a serious stroke.
Because the child was a minor, the mother had the legal right to file the malpractice claim.
Finch McCranie LLP secured a significant settlement that helped cover the child’s long-term care needs—proving how critical it is to understand who can legally take action.
Final Thoughts: Know Your Rights, Protect Your Family
Medical malpractice doesn’t just affect the person harmed—it impacts families and lives.
Whether you’re the patient, parent, spouse, or representative for someone who can’t speak, knowing your rights is the first step toward justice.
If you’re unsure whether you can file a claim, don’t guess—speak to an experienced malpractice attorney who can provide clear advice.
At Finch McCranie LLP, we listen, guide, and fight for those failed by the medical system.
Our firm has recovered millions for clients injured or who lost loved ones due to preventable errors.
If you believe something went wrong, trust your instincts—and reach out today for a free consultation.
FAQ’s
How do I know if I have a malpractice case?
If a doctor’s mistake caused you harm and it could’ve been avoided with proper care, you may have a case. We can evaluate it for you.
How long do I have to file in Georgia?
Generally, 2 years from the date of injury or discovery. Some exceptions apply—act quickly to protect your rights.
What compensation can I receive?
You may recover medical costs, lost income, pain and suffering, and more. Funeral and family loss damages are available in death instances
Will I have to go to court?
Not always.While the majority of cases end out of court, we have the ability to go to trial if necessary.
What does it cost to hire your firm?
You do not pay anything unless we win your case because we operate on a contingency fee basis.