The state legislature in Georgia ordained tort reform legislation in 2005. It was known as Bill 3 or SB3. The provisions pertaining to medical malpractice are applicable for claims made after February 16, 2005.  There is another provision that states that an additional burden of proof is required for cases that occur as a result medical emergencies.

In order to recover money in these cases, the claimant must file a case proving gross negligence as per Ga. Code Ann. § 51-1-29.5. It is not possible for an ordinary resident of the state to be aware of the statutes. Therefore, being in Atlanta, Georgia, you can opt for the services of an Atlanta medical malpractice lawyer.

The categories covered by the law of medical negligence in Georgia include the terms of comparative or contributory negligence, contribution, joint and several liability, vicarious liability, collateral source rule, and statutory caps on the fee of the attorneys.

Vicarious liability is also referred to as secondary liability and comes under the purview of the common law. By virtue of a new statute that was enacted and implemented post February 16, 2005 in Georgia hospitals stated that if the hospital posted a notice in the prescribed form or sought an acknowledgement from the patient or any of the representatives that the healthcare professionals rendering treatment are independent contractors and do not have an employment relationship with the hospital, then the medical establishment cannot be held liable as per Ga. Code Ann. § 51-2-5.1.

If there is no contract or the terms of the same are vague, then a relationship to the medical establishment can only be determined on the basis that the hospital possessed all rights to ascertain the manner, time and procedure by which the professional carried out the medical treatment.

There is a list of factors which are mentioned as part of the statute and are used to determine the relationship between the healthcare professional and the medical establishment as per Ga. Code Ann. § 51-2-5.1(f) and (g).

You can browse through a Atlanta legal directory to understand the complicated legal terms associated with medical malpractice law.