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Medical Malpractice

Medical Malpractice Attorney
in Marietta

Injured by a Negligent Healthcare Professional?

Do you live in Marietta, Kennesaw, Smyrna, or Woodstock, or one of the surrounding areas and have you recently been injured by a doctor or other medical professional? If so, we urge you to contact a personal injury attorney from Jones & Swanson.

Medical Malpractice Basics

What is medical malpractice? Essentially, if a doctor fails to competently perform his or her medical duties and a patient is harmed as a result, then it is considered medical malpractice. Patients should not have to suffer because of their medical professional’s negligence or recklessness.


Medical malpractice can be committed by a number of healthcare professionals, including:

  • Nurses
  • Surgeons
  • Oncologists
  • Oncologists
  • Podiatrists
  • Dentists (dental malpractice)
  • Anesthesiologists
  • Chiropractors
  • Other specialists

Common types of medical malpractice:

  • Surgical Errors
  • Birth Injuries
  • Anesthesia Errors
  • Object Left Behind (after surgery)
  • Wrong Site Surgery
  • Failure to Diagnose
  • Wrong Diagnosis


To show that you have a medical malpractice claim, you will need to prove:

  • A patient/doctor relationship existed
  • The doctor was negligent
  • The doctor was directly responsible for your injury
  • That the injury resulted in specific damages (losses)

Even though doctors make mistakes, these errors don’t always lead to damages. For example, suppose a woman was in labor at the hospital but her doctor was nowhere to be found. Even though the nurse told her “not to push” for over an hour when the baby was ready, the mother and baby were fine.

In this case, the baby could have been injured, but she wasn’t. While the doctor (or hospital) was negligent by not ensuring an obstetrician was in labor and delivery to deliver when the mother was ready, fortunately, no one was injured (this time). If the baby’s heartbeat decelerated to dangerous levels or if oxygen was cut off due to a knotted umbilical cord, this could have been an emergency situation but it didn’t reach that point.

In your situation, was the doctor negligent? Were you injured as a direct result of that negligence? Were there actual damages? For example, did you have to have another surgery to fix the mistake, or did you lose a month of work because of your injury, or did a disease progress because the doctor refused to take the necessary tests? In these scenarios, someone could have a valid medical malpractice claim.

If it can be proven that a doctor performed below the expected standards of practice in his or her field and that the patient suffered harm as a result, the patient can sue for: physical pain, mental anguish, medical bills, lost income and loss of earning capacity.


Every state has a deadline for which someone can file a medical malpractice lawsuit, this is called the "statute of limitations." In Georgia, you must start a lawsuit within two years of the injury or death, or within five years if you did not discover the injury until later after the fact.

There are exceptions to the deadline for fraudulent concealment of malpractice, for malpractice occurring before the plaintiff was five years old, and for mentally disabled plaintiffs.

Georgia previously had damage caps that limited a medical malpractice plaintiff's total recovery of non-economic damages, but those caps were ruled unconstitutional by the Georgia Supreme Court in 2010 and are no longer effective, however, the punitive damage caps are limited to $250,000 in most cases.


As proud members of the Million Dollar Advocates Forum®, we have recovered over $50 million on behalf of our clients.

When you are up against a prominent physician or hospital, you need a competent legal advocate fighting in your corner. You can look to our accomplishments to solidify why we are the law firm to trust with your medical malpractice case.

What makes us different?

  • AV Preeminent® Rated by Martindale-Hubbell®
  • The National Trial Lawyers: Top 100 Trial Lawyers
  • A+ Rating from the Better Business Bureau
  • Selected to Georgia's Super Lawyers®
  • 10.0 Superb Avvo Rating
  • 35 years of combined experience

Contact the experienced medical malpractice attorneys at Jones & Swanson in Marietta to discuss your case today!

Contact our firm today to schedule your free case evaluation!

Related Reading


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  • Million Dollar Advocates Forum
  • National Trial Lawyers
  • AV Preeminent
  • Avvo 10.0 Superb
  • Super Lawyers
  • 2020 Best of Cobb Winner

Injured? Our Firm Can Help.

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