ER Negligence FAQs

Under O.C.G.A. § 9-11-9.1, when a medical malpractice complaint is filed in Georgia, the plaintiff must simultaneously file an affidavit from at least one competent expert who sets forth at least one act of negligence. This expert must be qualified in the same field as the defendant — so in an ER misdiagnosis case, the affidavit must typically come from a board-certified emergency medicine physician. Failure to file a compliant affidavit can result in dismissal of the case. Our firm has established relationships with highly credentialed medical experts across all relevant specialties and has successfully navigated this requirement in numerous Georgia malpractice cases.

Absolutely. Large health systems such as WellStar Health System, Northside Hospital, and Piedmont Healthcare have substantial legal and insurance resources dedicated to defending malpractice claims. That is precisely why you need a firm with an equally powerful track record. Haug Barron Law Group has the resources, the medical experts, and the litigation experience to take on Georgia’s largest hospital systems. We have done it before — including in a case that resulted in a $30 million verdict in DeKalb County.

Yes. Children’s Healthcare of Atlanta (CHOA) — including Scottish Rite Hospital and Egleston Children’s Hospital — holds itself out as the gold standard in pediatric emergency care. When a child is catastrophically harmed by an ER misdiagnosis, failure to diagnose, or improper treatment at CHOA or any other Georgia pediatric facility, the family has the right to hold responsible parties accountable. In cases involving injured minors, Georgia law tolls (pauses) the statute of limitations until the child’s 18th birthday under O.C.G.A. § 9-3-90, though we recommend acting without delay to preserve evidence.

No. General consent forms signed upon admission to a hospital or ER acknowledge the patient’s consent to receive medical treatment. They do not — and legally cannot — release the hospital or its physicians from liability for negligence. If a hospital, insurer, or claims representative asks you to sign any release or waiver after a serious ER negligence incident, do not sign anything without first consulting our firm.

Yes. One of the most common forms of ER negligence is premature discharge — sending a patient home before they are appropriately evaluated, diagnosed, or stabilized. If a patient was discharged from a Georgia emergency room and subsequently died at home from the very condition the ER failed to diagnose, surviving family members may have a wrongful death claim. These cases require careful reconstruction of what the ER knew or should have known at the time of discharge. Our investigators and medical experts are experienced in building these cases.

Stroke is one of the most time-critical medical emergencies. The standard of care in emergency medicine mandates rapid assessment for stroke using validated tools such as the NIH Stroke Scale, prompt neuroimaging, and, for eligible patients, administration of intravenous tPA within 4.5 hours of symptom onset or mechanical thrombectomy within 24 hours for large vessel occlusion. A delay in diagnosis at any Georgia emergency room — including Emory Midtown, Emory University Hospital, or any other facility — that causes or worsens permanent neurological disability may constitute actionable malpractice. Contact our firm to have the case evaluated.

The defense in ER negligence cases routinely argues that the misdiagnosis was reasonable under the circumstances or that the outcome was unforeseeable. This is precisely why the expert affidavit and expert testimony at trial are so critical. Our firm works with board-certified emergency physicians and specialists who review the full medical record and testify authoritatively that the standard of care required a different course of action. An outcome being tragic does not make it unforeseeable — and it certainly does not make it acceptable.

ER negligence cases are among the most complex civil cases in Georgia courts. From initial filing to trial, these cases often take two to four years, depending on the complexity of the medical issues, the number of defendants, the court’s docket, and whether the case resolves through settlement or proceeds to verdict. Many cases do settle before trial, sometimes during mediation. At Haug Barron Law Group, we prepare every case for trial from day one — because defendants and their insurers know which firms are truly ready to take a case to verdict, and it changes what they offer.

Grady Memorial Hospital in Atlanta is Georgia’s largest public hospital and one of the busiest Level I Trauma Centers in the Southeast. While Grady provides critical care to thousands of Georgians, it is not immune from the standards of emergency medicine, and its physicians and staff can be held accountable for negligence that causes death. Cases against public hospitals such as Grady may involve additional procedural requirements, including ante litem notice requirements under O.C.G.A. § 36-11-1. Our firm is experienced in navigating these complexities. Contact us immediately if a loved one died at Grady after an ER misdiagnosis.

Georgia law allows victims of ER negligence to recover economic damages (past and future medical expenses, lost wages and earning capacity, rehabilitation costs, in-home care) and non-economic damages (physical pain and suffering, mental anguish, loss of enjoyment of life, permanent disability or disfigurement, loss of consortium). In wrongful death cases under O.C.G.A. § 51-4-2, surviving family members may recover the full value of the decedent’s life. In cases of egregious or reckless conduct, punitive damages may also be available under O.C.G.A. § 51-12-5.1.

In Georgia, you may be able to sue both the hospital and the treating physician, depending on the circumstances. Hospitals can be held liable under a theory of direct negligence (for policies, procedures, understaffing, or failure to credential physicians properly) or under vicarious liability if the ER physician was a hospital employee. Many ER physicians, however, are independent contractors rather than hospital employees, which can limit vicarious liability — but does not eliminate hospital liability. Our team analyzes every party’s role and pursues all responsible defendants. Georgia hospitals including Grady, WellStar, Northside, Piedmont, and Emory have all faced ER negligence claims.

Under O.C.G.A. § 9-3-71, you generally have two years from the date of the negligent act or the date the injury was discovered to file a medical malpractice lawsuit in Georgia. There is also a five-year statute of repose that bars claims more than five years after the negligent act, even if you discovered the injury later. In wrongful death cases involving ER negligence, the clock typically starts from the date of death. Acting quickly is essential — contact Haug Barron Law Group immediately to protect your rights.

If you or a family member went to a Georgia emergency room, were seen (or failed to be properly seen), and suffered a serious injury or death that a competent emergency physician likely could have prevented, you may have a valid claim. The key elements are: a doctor-patient relationship existed, the standard of care was breached, and that breach caused your harm. The only way to know for certain is to have your medical records reviewed by an experienced Georgia medical malpractice attorney. At Haug Barron Law Group, we offer a free consultation and will conduct a thorough review at no charge.