Best bet is to retain a med mal lawyer who will agree to do the case. Try calling several lawyers, and you will find one.
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Small claims court is not the place to bring a medical malpractice case. If you can't find a lawyer to represent you, your clain will almost certainly fail.
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In order to file a complaint for medical malpractice in the State of Georgia, you must attach an Affidavit of a physician in the same area of practice as the allegedly negligent physician. The physician signing the Affidavit must have reviewed all of your records and sign the Affidavit which states that the other physician was negligent and sets forth at least one act of negligence. There are many other specific requirements regarding the expertise of the physician signing the Affidavit and other filing requirements which would make it unwise to try to proceed on your own.
Kimberly W. Grant
Small Claims Court referred to as Magistrate Court in GA has a maximum recovery of $15,000. Additionally, you will need a physician's affidavit and other requirements governed under OCGA 9-11-9.1 Accordingly, Magistrate Court is not a good option for your case.
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