Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Georgia, medical malpractice claims are governed by state statutes that outline the necessary elements for a valid claim. These elements include establishing that the defendant is a physician or health care provider, and that the claim involves treatment, lack of treatment, or a deviation from the accepted standards of medical care, health care, or safety. The plaintiff must also show that the health care provider owed them a duty of care, which is a legal obligation to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. Furthermore, it must be proven that the provider breached this duty by failing to meet the standard of care. Lastly, there must be a direct causal link between the breach of duty and the injury sustained by the plaintiff, meaning the provider’s action or inaction must be the primary cause of the injury. Georgia law also requires plaintiffs to file an affidavit of an expert witness along with the lawsuit to attest to at least one act of negligence by the defendant. The statute of limitations for medical malpractice claims in Georgia is generally two years from the date of injury or death, but there are certain exceptions that can extend this period.