Steps to File a Medical Malpractice Claim

When medical treatment goes wrong, patients are often left hurt, confused, and unsure where to turn. If you believe a doctor, nurse, or hospital in Atlanta made a serious mistake, you have the right to take legal action.

This guide from Finch McCranie LLP explains how to file a medical malpractice claim in Georgia, step by step — so you can protect your rights and move forward confidently.

A medical malpractice claim is a legal action against a healthcare provider whose negligence caused injury, harm, or death.

Common examples include:

• Misdiagnosis or delayed diagnosis
• Surgical or anesthesia errors
• Medication mistakes
• Birth injuries
• Failure to obtain informed consent

To win a malpractice case, your attorney must prove that the provider failed to meet the accepted standard of care, and that this directly caused your injury.

Before taking legal action, it’s crucial to confirm whether negligence actually occurred.

Sometimes, complications arise even when doctors follow proper procedures.

A second opinion from another qualified physician can help confirm whether your original treatment was mishandled — strengthening your case.

Your medical records are the foundation of your claim. These include:

• Diagnoses and treatment notes
• Surgery or hospital reports
• Test results and prescriptions
• Bills, discharge papers, and follow-up instructions

Tip: Create a personal timeline describing what happened from your first appointment through the injury — it helps your lawyer understand your experience clearly.

Filing a malpractice lawsuit in Georgia can be complex. A skilled Atlanta medical malpractice attorney will:

• Review your medical records and timeline
• Consult with independent medical experts
• Determine if your case meets Georgia’s malpractice standards
• Explain your rights, deadlines, and next steps

At Finch McCranie LLP, our attorneys have decades of experience representing Georgia patients and families harmed by medical negligence. We handle every step — from investigation to settlement or trial.

Free Consultation: Call Finch McCranie LLP today to discuss your potential claim with an experienced malpractice lawyer in Atlanta.

Your lawyer will begin an in-depth investigation by:

• Interviewing witnesses and reviewing hospital policies
• Gathering internal records and medical test results
• Consulting licensed medical experts

Expert witnesses are vital. They help prove that your healthcare provider failed to meet the accepted medical standard of care.

Once this review is complete, your attorney will determine whether your case is strong enough to move forward.

If the evidence supports your claim, your attorney will file a formal malpractice lawsuit in a Georgia court.

The filing includes a detailed complaint explaining:

• The healthcare provider’s negligence
• How that negligence caused your injury
• The damages and compensation you’re seeking
• The defendant (doctor, hospital, or insurer) is then served and given time to respond.

During the discovery phase, both sides exchange information and evidence. This may include:

• Depositions (sworn interviews)
• Written questions (interrogatories)
• Expert witness reports
• Additional medical examinations

Your lawyer uses this phase to build the strongest possible case while negotiating with the defense.

Most medical malpractice claims in Georgia settle before trial.

A settlement means the defendant’s insurance company agrees to pay you a negotiated amount.

Your attorney will calculate the fair value of your damages, including:

• Medical expenses (past and future)
• Lost wages and income
• Pain and suffering
• Rehabilitation and future care needs

At Finch McCranie LLP, we fight for full and fair compensation — not lowball offers from insurance companies.

If a settlement isn’t reached, your case may go to trial.

At trial, your attorney presents your case to a judge or jury using:

• Expert testimony
• Medical evidence
• Witness statements

The court then decides whether malpractice occurred and how much compensation you should receive.

While trials take longer, they can lead to higher awards for victims and their families.

After the case is resolved (through settlement or verdict), you’ll receive the compensation awarded.

This can cover:

• Medical bills
• Lost income
• Rehabilitation and therapy
• Emotional distress
• Long-term disabilities or lifestyle changes

Your attorney ensures all payments are handled properly and that your financial recovery is protected.

Filing a malpractice claim is not just about money — it’s about accountability and prevention.

By holding medical providers responsible, you help ensure better care for future patients and bring closure to your own experience.

In Georgia, the statute of limitations for medical malpractice is generally two years from the date of injury.

However, exceptions exist — for minors or cases where the injury wasn’t discovered immediately.

Because deadlines are strict, contact a lawyer as soon as you suspect malpractice.

At Finch McCranie LLP, we’ve helped Atlanta and Georgia families recover from life-changing medical mistakes for over 50 years.

When you choose us, you get:

• Experienced trial attorneys with deep medical knowledge
• Access to trusted medical experts
• Personal guidance throughout the process
• A firm that fights for the maximum recovery you deserve

Talk to an Atlanta Medical Malpractice Lawyer Today

Call Finch McCranie LLP for a free, confidential consultation. We’ll investigate your case, explain your rights, and fight for the justice you deserve.

Medical malpractice occurs when a healthcare provider fails to meet accepted standards of care and causes injury or death to a patient.

Not necessarily. Your attorney can obtain them for you, but bringing any documents you already have helps speed up the process.

Most cases take several months to a few years, depending on complexity and whether the case settles or goes to trial.

Yes. Families can file a wrongful death medical malpractice claim to seek justice and compensation.

There’s no fixed amount. It depends on your medical bills, lost wages, pain, suffering, and long-term impact. An experienced lawyer can estimate your case value.