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Can I file with small claims court in Georgia for my doctor to pay for the surgery required to repair the damage he has coused?

Alpharetta, GA |

I will need a complicated surgery that will be costing me thousands of dollars out of pocket to try to repair a problem caused by my doctor's negligence. Can I file with the small claims court in GA to recover this cost? You can file for up to 15K with the small claims court that should be more than enough to pay for my surgery.
I have spoken to an attorney but they think even though I have a strong case, because of the complicated and expensive process here in GA to file a malpractice lawsuit, they will not be willing to take my case. Thank you for responding.

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Attorney answers 5

Posted

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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Posted

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.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Posted

You need to talk to more than one lawyer.
Use the AVVO find a lawyer link.
You can also contact my office for a referral.

Posted

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
kgrant@waynegrant.com

Posted

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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