Over $40 Million
in Settlements and Verdicts
Professional Malpractice
Georgia Malpractice Attorney
Atlanta personal injury lawyer Stephen M. Ozcomert is an experienced civil litigator dedicated to representing victims of professional negligence. For over 20 years, he has successfully handled all types of professional malpractice claims, helping clients recover the compensation they deserve. Mr. Ozcomert’s reputation for excellence and high ethical standards have earned him a place among Georgia’s “Super Lawyers” and “Legal Elite.”
Professional Misconduct
Negligence through a careless act or failure to act can lead to liability for professionals. Medical malpractice law, for example, aims to compensate patients for injuries caused by physician negligence. But doctors are not the only professionals subject to malpractice claims. Other licensed professionals whose misconduct can lead to liability include:
- Veterinarians
- Psychologists
- Social workers
- Dentists, nurses
- Attorneys, CPAs
- Physical therapists
- Physician’s assistants
- Radiology technicians
- Dieticians, pharmacists
- Optometrists, podiatrists
- Osteopaths, chiropractors
- Engineers, land surveyors
- Marriage/family therapists
Georgia courts limit professional malpractice claims to those who are examined or tested for competency in their field before receiving a state license to perform their services. However, they have extended liability to employers of listed professionals. The professional’s negligence must have caused some form of “damage” such as economic loss, injury, or wrongful death. Atlanta medical malpractice lawyer Stephen M. Ozcomert can pursue compensation for you if you have been injured due to medical or other professional negligence.
Medical Malpractice
Medical malpractice claims are governed by the Official Code of Georgia Annotated (OCGA) § 9-11-9.1. This law imposes liability on health care providers that fail to meet the required standard, as established by “competent experts” practicing in the same field. Licensed medical providers who violate this legal duty while acting or failing to act with the “professional skill and judgment” expected of them are considered negligent. Negligence may involve:
- Abuse, battery
- Negligent hiring
- Deviating from the professional standard of care
- Surgical errors
- Improper dosing
- Anesthesia errors
- Improper monitoring
- Retention, supervision
In any case arising out of medical or professional negligence, OCGA § 9-11-9.1 requires that an “expert affidavit” be filed with the action showing competence to testify. Failure to meet this “pleading” requirement may lead to dismissal of the case. OCGA § 9-3-71 gives injured patients a 5-year deadline to file their claim. This is known as the “statute of limitations” and begins to run at the time the patient first discovered or should have known of the injury.
Legal Malpractice
Attorneys who breach a legal duty to clients can likewise face professional liability. However, it is not enough to show that the lawyer’s negligence caused an adverse result. The client must prove that “no reasonable” attorney would make the same error, resulting in breach of contract or prejudicial outcome. The deadline to bring a legal malpractice claim depends upon the damages sought. Clients seeking “general” redress, emotional distress, or punitive damages have 2 years to file a claim. If the representation allegedly damaged the client’s reputation, deadline is 1 year. For all other breach of contract claims, OCGA § 9-3-25 provides a 4-year statute of limitations.
Time Limits to File Suit Based on the Form of Professional Contract
The Georgia Supreme Court has distinguished between statutes of limitation for oral and written contracts. In an engineering malpractice case, the court applied OCGA § 9-33-24’s 6-year statute of limitations where there was a “written agreement” between the parties. But when courts treat professional liability claims alleged to have breached an “oral contract,” the 4-year deadline applies.
Recovering Compensation
If you were injured by professional negligence, Atlanta personal injury attorney Stephen M. Ozcomert can help. He provides comprehensive legal representation in medical, legal, and other professional malpractice claims. Because working with multiple parties and statutes of limitation can be difficult, experienced legal counsel is critical to preserving your right to relief. Call (404) 370-1000 for a free consultation or contact us online.