Atlanta Medical Malpractice Lawyer
You trusted a doctor with your life. They failed. We hold them accountable — and we have the results to prove it.
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Confidential · No obligation · No fee unless we recover for you
4.9 / 5
500+ Google reviews
Millions
Recovered for Georgians
$0
Unless we recover for you
2 Offices
Buckhead & Norcross
Awards & Recognition
Overview
When a Doctor’s Mistake Changes Everything
You went to the hospital expecting help. Maybe it was a surgery that was supposed to be routine. Maybe your doctor said the test results looked fine. Maybe you trusted a specialist who said they had the answer.
Then something went wrong. Horribly wrong.
Now you are dealing with complications that should not exist — a surgery that damaged organs that were healthy, a diagnosis that came months too late, a birth that left permanent injuries. You are not just hurt. You are hurt by the very people who were supposed to heal you.
At The Gunn Law Group, we understand medical malpractice cases differently than most law firms in Atlanta. Our founder, Harrell Gunn, reads the medical records himself on the cases he handles directly. In a malpractice case, that means checking what competent care should have looked like and where the standard of care was not met.
That background is not just a talking point. It shapes how we investigate your case, how we communicate with medical experts, and how we build the evidence that forces hospitals and insurance companies to pay what your case is actually worth.
If a healthcare provider’s negligence injured you or someone you love, call The Gunn Law Group at 888-BIG-GUNN (888-244-4866) for a free, confidential consultation.
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Call 888-BIG-GUNN Request a Free Case ReviewWhat Is Medical Malpractice Under Georgia Law?
Medical malpractice occurs when a healthcare provider — a doctor, surgeon, nurse, hospital, or other medical professional — fails to meet the accepted standard of care, and that failure directly causes injury or death.
Under Georgia law, the “standard of care” means the degree of care and skill that a reasonably competent healthcare provider in the same specialty would exercise under similar circumstances. It is not about a bad outcome alone. Medicine has risks. But when a provider acts below the standard — when they make mistakes that a competent professional would not have made — that is malpractice.
Georgia has some of the strictest procedural requirements in the country for medical malpractice claims. Understanding these requirements is critical, because failing to meet them can result in your case being dismissed before it even gets to a jury.
Millions Recovered for Medical Malpractice Victims in Georgia
Our results speak for themselves. The Gunn Law Group has secured major recoveries for victims of medical negligence throughout Georgia:
We have secured significant recoveries for victims of medical negligence throughout Georgia — including cases involving improper surgery causing catastrophic internal injuries, brain stenting errors resulting in devastating stroke, failure to diagnose life-threatening complications after bariatric surgery, mistreatment of stroke causing permanent neurological damage, delayed cesarean delivery causing birth injuries, and medication errors causing serious harm.
Our medical malpractice results are among the largest in the state of Georgia. Every one of these cases involved a healthcare provider who failed their patient. Every one of these cases involved an insurance company that tried to minimize or deny the claim. And in every case, The Gunn Law Group delivered a result that reflected the true cost of the harm done.
4.9 · 500+ Google reviews
“Alexis and Landon were amazing! They communicated very well throughout the process and took really good care of me.”
— Steffon M., Google review
4.9 · 500+ Google reviews
“I had an excellent experience with Gunn Law Group. Landon and Laura were both great — professional, knowledgeable, and truly dedicated to helping their clients.”
— Itoo B., Google review
Types of Medical Malpractice We Handle in Atlanta
Medical malpractice takes many forms. If a healthcare provider’s negligence caused your injury, we want to hear about it. The most common types of cases we handle include:
Surgical Errors
Surgical mistakes are among the most devastating forms of medical malpractice. These include operating on the wrong body part, leaving surgical instruments inside a patient, performing an unnecessary procedure, or damaging healthy organs or nerves during surgery. Our track record of significant surgical error recoveries demonstrates our ability to hold surgical teams accountable for catastrophic errors.
Misdiagnosis and Delayed Diagnosis
When a doctor fails to correctly diagnose a condition — or diagnoses it too late — the consequences can be severe. Cancer that has spread because it was missed on imaging. A heart condition that was dismissed as anxiety. A stroke that was treated as a migraine. Delayed diagnosis cases require proving not only that the diagnosis was wrong, but that a competent physician would have gotten it right.
Birth Injuries
Childbirth is one of the most closely monitored medical events. When doctors and nurses fail to recognize fetal distress, delay a necessary cesarean section, or misuse forceps or vacuum extractors, the resulting injuries — cerebral palsy, Erb’s palsy, brain damage — can be permanent. Our significant delayed cesarean recoveries reflect the devastating impact of birth injury negligence.
Medication Errors
Prescribing the wrong medication, the wrong dosage, or a medication that dangerously interacts with the patient’s other drugs. Pharmacy errors, nursing administration errors, and prescribing failures all fall into this category. These cases are common, and the injuries can be severe — organ damage, allergic reactions, overdose.
Anesthesia Errors
Administering too much or too little anesthesia, failing to review patient history for contraindications, or failing to properly monitor a patient under anesthesia. Anesthesia errors can result in brain damage, nerve damage, or death.
Hospital Negligence
Hospitals can be liable for understaffing, failing to maintain equipment, inadequate training, infection control failures, and other institutional failures that lead to patient harm. When the system fails — not just one doctor — the hospital itself must answer.
Georgia Medical Malpractice Legal Requirements
Georgia imposes specific legal requirements on medical malpractice claims that do not apply to other personal injury cases. These requirements exist specifically to protect the medical industry, and they create real obstacles for injured patients. You need a law firm that understands them.
Expert Affidavit Requirement (O.C.G.A. § 9-11-9.1)
Georgia law requires that every medical malpractice lawsuit be filed with an expert affidavit. This affidavit must be from a qualified medical expert who has reviewed the facts of your case and determined that at least one healthcare provider deviated from the applicable standard of care.
This is not optional. If you file a medical malpractice lawsuit in Georgia without the required expert affidavit, your case can be dismissed. The affidavit generally must be filed with the complaint — a narrow exception allows 45 extra days only when the statute of limitations is about to expire.
At The Gunn Law Group, we work with board-certified medical experts across every specialty to build the foundation of your case before we ever file suit. This is where Harrell Gunn’s medical background gives us a distinct advantage — we know the right questions to ask and the right experts to consult.
Statute of Limitations (O.C.G.A. § 9-3-71)
In Georgia, the statute of limitations for medical malpractice claims is generally two years from the date the injury or death occurred. However, there is a statute of repose of five years — meaning that regardless of when you discover the malpractice, no claim can be filed more than five years after the act occurred.
There are limited exceptions:
- Foreign objects: If a surgeon left a foreign object inside your body, the two-year and five-year limits do not apply — instead, you have one year from the date the object is discovered to file.
- Minors: Children under the age of five have until their seventh birthday to file a claim.
- Fraud or concealment: If the healthcare provider actively concealed the malpractice, the statute may be tolled.
Do not wait. Medical malpractice cases require extensive investigation, expert review, and preparation. Contact us as soon as you suspect negligence.
Damage Caps
Georgia previously had a cap on non-economic damages (pain and suffering) in medical malpractice cases. However, the Georgia Supreme Court struck down that cap in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010), finding it violated the right to a jury trial under the Georgia Constitution. Currently, there is no cap on non-economic damages in Georgia medical malpractice cases.
Economic damages — medical bills, lost wages, future care costs — have never been capped in Georgia.
Apportionment of Fault (O.C.G.A. § 51-12-33)
Georgia follows a modified comparative negligence standard. If you are found to be 50% or more at fault, you cannot recover damages. If you are less than 50% at fault, your damages are reduced by your percentage of fault. In medical malpractice cases, defense lawyers will often try to blame the patient — claiming noncompliance with treatment, pre-existing conditions, or delayed follow-up. We know how to counter these arguments.
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888-BIG-GUNNWhy Atlanta Trusts The Gunn Law Group for Medical Malpractice
A Founder Who Understands Medicine
Harrell Gunn did not come to medical malpractice law by accident. As the son of a doctor, he grew up understanding how medicine works — and how it fails. That perspective shapes every case we take. We do not rely solely on expert witnesses to explain medical concepts. We understand them ourselves, and that makes us more effective investigators, negotiators, and trial lawyers.
Results That Prove It
With millions recovered in medical malpractice cases alone — including some of the largest individual results in the state — our track record speaks for itself. We do not take cases we cannot win. When we take your case, we are investing our resources, our time, and our reputation.
500+ Five-Star Reviews
Our clients do not just appreciate our results — they appreciate how we treat them. With more than 500 five-star reviews, we are one of the highest-rated personal injury firms in Atlanta. We take your case personally, because we know you are going through one of the worst experiences of your life.
No Fee Unless We Recover for You
You will never pay an out-of-pocket attorney fee. We work on a contingency basis — we get paid only when you get paid. We front all costs, hire the experts, and build the case at our expense. If we do not win, you owe us nothing.
How a Medical Malpractice Case Works in Georgia
Step 1: Free Case Evaluation
Call 888-BIG-GUNN or submit your case online. We will review the facts of your situation, discuss what happened, and give you an honest assessment of whether you have a viable claim.
Step 2: Medical Records Investigation
We obtain all relevant medical records, imaging, lab results, and hospital documentation. Our team reviews everything — looking for deviations from the standard of care, missed diagnoses, procedural errors, and other indicators of negligence.
Step 3: Expert Review and Affidavit
We consult with board-certified medical experts in the relevant specialty. These experts review the records, provide opinions on the standard of care, and prepare the expert affidavit required by O.C.G.A. § 9-11-9.1.
Step 4: Filing the Lawsuit
Once we have built a strong foundation with medical evidence and expert support, we file the lawsuit. Georgia requires the expert affidavit to be filed with the complaint. We are ready on day one.
Step 5: Discovery and Depositions
Both sides exchange evidence, and we depose the healthcare providers involved. This is where cases are often won — when the negligent doctor has to answer questions under oath about what they did and why.
Step 6: Negotiation or Trial
Most medical malpractice cases settle before trial. But we prepare every case as if it is going to trial, because that preparation is what drives settlement value. Insurance companies know which law firms will actually go to court. We are one of them.
Atlanta Medical Facilities Where Malpractice Occurs
Medical malpractice can happen at any healthcare facility. In the Atlanta metro area, we have handled or investigated cases involving:
- Grady Memorial Hospital
- Emory University Hospital and Emory Healthcare facilities
- Piedmont Atlanta Hospital
- Northside Hospital Atlanta, Cherokee, Forsyth, and Gwinnett
- Wellstar Health System locations
- Children’s Healthcare of Atlanta (CHOA)
- Urgent care centers and outpatient surgery centers
- Private physician offices and specialty clinics
No healthcare provider is too large to hold accountable. If they injured you through negligence, we will pursue your case.
What Damages Can You Recover in a Georgia Medical Malpractice Case?
Georgia law allows medical malpractice victims to recover:
- Medical expenses — Past and future medical bills, including surgeries, rehabilitation, therapy, and medication
- Lost wages — Income lost during recovery and reduced future earning capacity
- Pain and suffering — Physical pain, emotional distress, loss of enjoyment of life
- Loss of consortium — Impact on your relationship with your spouse
- Disability and disfigurement — Permanent physical limitations or scarring
- Wrongful death damages — If medical malpractice caused the death of a loved one
The value of your case depends on the severity of your injury, the strength of the evidence, and the quality of your legal representation. The Gunn Law Group fights for the full value — not a quick, lowball settlement.
Do Not Let the Insurance Company Decide What Your Case Is Worth
Hospitals and their insurance companies have teams of lawyers whose only job is to minimize what they pay you. They will question whether malpractice occurred. They will blame your pre-existing conditions. They will offer settlements that do not come close to covering your actual damages.
You need a law firm that fights back. Call The Gunn Law Group at 888-BIG-GUNN (888-244-4866) for a free consultation. We will review your case, explain your options, and fight for the full compensation you deserve.
You trusted your doctor. Trust us to hold them accountable.
Across Georgia
Medical Malpractice Lawyers Serving All of Georgia
Hurt somewhere else in the state? We handle medical malpractice cases across Georgia. See our medical malpractice practice overview and our local pages:
Carrollton Medical Malpractice LawyerDecatur Medical Malpractice LawyerGainesville Medical Malpractice LawyerJohns Creek Medical Malpractice LawyerKennesaw Medical Malpractice LawyerMarietta Medical Malpractice LawyerNorcross Medical Malpractice LawyerRome Medical Malpractice LawyerSavannah Medical Malpractice LawyerSmyrna Medical Malpractice LawyerSouth Fulton Medical Malpractice Lawyer
FAQ
Frequently Asked Questions
Under O.C.G.A. § 9-3-71, you generally have two years from the date of the injury or death to file a medical malpractice claim in Georgia. There is also a five-year statute of repose — meaning no claim can be filed more than five years after the act, regardless of when you discovered it. Limited exceptions exist for foreign objects left in the body, minors, and cases involving fraud or concealment. Do not wait — contact The Gunn Law Group immediately for a free case evaluation.
Georgia law (O.C.G.A. § 9-11-9.1) requires every medical malpractice lawsuit to include an expert affidavit at the time of filing. This affidavit must come from a qualified medical expert who confirms that at least one healthcare provider deviated from the standard of care. Without it, your case can be dismissed. The Gunn Law Group works with board-certified medical experts across all specialties to ensure this requirement is met.
At The Gunn Law Group, you pay nothing upfront and nothing out of pocket. We work on a contingency fee basis — we only get paid when we win your case. We front all costs, including medical expert fees, court costs, and investigation expenses.
No. Georgia’s previous cap on non-economic damages in medical malpractice cases was struck down by the Georgia Supreme Court in 2010 (Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt). There is currently no cap on pain and suffering damages, and economic damages (medical bills, lost wages) have never been capped.
Any deviation from the accepted standard of medical care that causes injury can qualify. Common examples include surgical errors, misdiagnosis or delayed diagnosis, birth injuries, medication errors, anesthesia mistakes, hospital-acquired infections due to negligence, and failure to obtain informed consent. The key question is whether a competent provider in the same specialty would have made the same error.
The value depends on your specific injuries, the impact on your life, your medical expenses, lost income, and the strength of the evidence. The Gunn Law Group has recovered multi-million dollar medical malpractice verdicts and settlements for our clients. Call 888-BIG-GUNN for a free, confidential evaluation of your case.
In many cases, you can sue both. Hospitals can be held liable for the negligence of their employees, for institutional failures like understaffing or inadequate training, and for failing to maintain safe conditions. Our attorneys investigate every party that may share responsibility for your injury.
Talk to a Georgia Injury Attorney Today
Your consultation is free, and you never pay an attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
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Two Offices Serving All of Georgia
We represent injured people throughout Metro Atlanta and across Georgia, with free consultations by phone, by video or in person. Hablamos español.
Atlanta Office (Buckhead)
950 E. Paces Ferry Rd NE, Suite 1550
Atlanta, GA 30326
Monday–Friday, 9:00 AM – 6:00 PM
Call Buckhead: 770-800-0945Norcross / Gwinnett County Office
5955 Jimmy Carter Blvd, Suite 149
Norcross, GA 30071
Monday–Friday, 9:00 AM – 6:00 PM
Call Norcross: 678-200-0273Attorney advertising. This page is a communication from The Gunn Law Group, 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326. Responsible attorney: Harrell Gunn. The information on this page is general information, not legal advice, and contacting us does not create an attorney-client relationship. Past results and client reviews do not guarantee a similar outcome; every case depends on its own facts. “No fee unless we recover for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. Privacy Policy · Disclaimer · Terms
