Misdiagnosis Malpractice in Georgia FAQs

Every case is different. The value of a misdiagnosis claim depends on the severity and permanence of the harm caused, the extent of your medical bills and lost income, your age and life expectancy, and the strength of the evidence. Nationally, misdiagnosis cases resolve at higher average values than most other malpractice types. Georgia has no cap on economic or non-economic damages in most malpractice cases. Contact our firm for a free, individualized case evaluation.

Radiology malpractice is one of the most common forms of diagnostic negligence. When a radiologist misreads an X-ray, CT scan, MRI, or PET scan and the misread leads to a delayed or missed cancer diagnosis, a missed stroke, or other catastrophic outcome, both the radiologist and the radiology group may be liable. These cases often require testimony from experienced radiologist experts who can explain precisely where the standard of care was violated.

Potentially, yes. If the physician who misdiagnosed you is an employee of the hospital or health system, the institution may be vicariously liable for that physician’s negligence under the doctrine of respondeat superior. Even if the doctor is an independent contractor, the hospital may be directly liable if it credentialed or retained the physician despite known deficiencies. These theories require careful analysis of the facts and applicable Georgia law.

Generally, two years from the date of injury, with a five-year absolute statute of repose. In misdiagnosis cases, the “injury” is often deemed to begin at the time of the diagnostic error — not when you discover it. This makes prompt consultation with a Georgia medical malpractice lawyer critically important. Exceptions exist for minors and foreign objects left in the body.

Not every diagnostic error is malpractice — medicine involves inherent uncertainty. The key question is whether the physician’s conduct fell below the standard of care that a competent physician in the same specialty would have provided. Our attorneys will review your medical records, consult with expert physicians, and give you an honest assessment of whether you have a viable claim.