When doctors, lawyers, accountants or other professionals fail to meet basic standards of care, Scholle Law can help.
We’re a Metro Atlanta personal injury law firm with over 20 years of experience in complex medical injury cases. We handle all types of injuries caused by professional malpractice.
When a person is hurt or damaged by a professional’s negligence or other error, Georgia law allows the victim who has suffered harm (or their surviving family members, if they lost their life) to recover damages and to be compensated for pain and suffering, medical expenses, lost wages and other damages.
Even when a professional has a good reputation, in any given situation, professionals can fail to perform their skills properly and cause serious harm or tragically, death.
Meet Georgia personal injury lawyer Charles Scholle
The professional’s performance is compared to and based upon the standard of care for that profession within the community. At Scholle Law, we represent victims of injury caused by professional malpractice, as well as their families.
We do not take every case that comes our way — and that makes it possible for us to focus on your injury, your recovery and your case. You are a unique person with a unique story. We will be in touch regularly to inform you as to how your case is proceeding. Our skill and background in handling complex litigation makes it possible for us to investigate a case fully and to ensure that every angle is reviewed and determined.
Why Scholle Law?
Scholle Law has pursued numerous malpractice lawsuits, particularly against ophthalmologists, optometrists and professionals involved in LASIK eye surgery.
In 2018, we secured a $200,000 verdict in a LASIK malpractice in which the doctor entered incorrect data in the LASIK machine, resulting in an improper LASIK tissue ablation. The patient suffered from permanent irregular astigmatism as a result.
There is a wide range of injury and damage that can occur in each type of malpractice, particularly in the medical-related fields. An important part of developing a malpractice case against a medical or other professional is to have a deep knowledge and understanding of the various factors involved. Our experience in case development and management is key to our success in settling and, if necessary, taking a malpractice case to court.
We know the standards of care that apply in various medical, legal and professional matters, and we are familiar with litigating highly technical areas of medicine and law. A successful settlement or trial requires the ability to persuade. Persuasion requires the ability to communicate complex issues in a way that a jury can understand. We know how to present expert witnesses and their testimony to help explain to the jury or court why the physician, hospital or other caused you harm. All of this knowledge also helps to resolve a malpractice matter by settlement or mediation.
If you were injured by an eye doctor, medical worker or another professional who you believe failed to live up to the basic requirements of their profession, you should call Scholle Law to discuss your case. We offer free, no-obligation consultations. Tell us your story and learn more about your legal rights without any further risk.
“Malpractice” is the legal term used to describe when members of certain professions do their jobs so badly that the work fails to live up to basic standards for that profession. This is not about ordinary bad outcomes; malpractice describes clearly unprofessional work, such as leaving surgical sponges inside a person’s body after surgery or missing an important legal deadline. When professional malpractice leads to serious injury, property damage or financial harm, you can hold the professionals involved responsible by filing a malpractice lawsuit.
Types of malpractice
When most people talk about malpractice cases, they are referring to medical malpractice. However, there are other types of professionals in other occupations and industries who may be also held liable for failing to meet basic standards of care for that profession.
As a top personal injury lawyer with the highest ratings possible from our peers, Charles Scholle and the Scholle Law attorneys and legal professionals are highly skilled at building a solid case, securing evidence and consulting with experts to help clients who have suffered a loss due to the most common types of malpractice cases — including:
The ancient Greek physician Hippocrates said that all healthcare providers should “first, do no harm.” When this sacred oath is broken and a patient is injured or dies due to medical negligence, malpractice suits may be filed against the at-fault doctor or facility. Medical malpractice claims we commonly handle involve pharmacist malpractice, LASIK eye surgery malpractice, surgical errors, cosmetic surgery malpractice, prescription drug errors, birth injuries and misdiagnosis.
Just as doctors have a responsibility to provide a standard of care to each patient, so do legal professionals have a duty and obligation to provide legal services that meet a certain standard of expectation. If a lawyer fails to properly represent their client in court, misrepresents the facts of a case, overbills a client, has a conflict of interest, misses important case deadlines or engages in other negligent behavior, a legal malpractice claim may be warranted.
Professional (white-collar) malpractice
In addition to the legal and medical fields, professionals in various other “white collar” occupations such as accounting and finance may be held liable for malpractice due to accounting errors, insider trading, false statements, fraud, failure to bill or overbilling and other negligent behavior. Professional accountants owe a duty of care and responsibility to their clients, so any negligent activity that causes financial harm to the client is considered malpractice.
Georgia medical malpractice and standards of care
Since medical malpractice is the most common type of malpractice lawsuit, it’s worth understanding more about these specific types of cases — specifically what factors determine the appropriate standard of care.
Under Georgia law, malpractice occurs when a professional performs his or her work in a way that fails to meet the standards set by the profession. In medical malpractice, this means that doctors must meet the standard of care, which is a set of generally agreed-upon rules that are followed by people in that occupation. This is typically not a written standard, but a standard set by the community that can vary according to what professional community is involved and where the professional lives.
The medical standard of care can also vary according to the circumstances. For example, medical care for a child might carry different standards from the care given to an adult with the same medical problem. These complicating factors are exactly why you should consult with a knowledgeable medical malpractice attorney near you to discuss your rights.
Georgia malpractice deadlines and procedures
The “statute of limitations,” or deadline, for malpractice cases in Georgia vary depending on the type of case and its unique circumstances.
As with general personal injury cases in Georgia, state law requires that you file a medical malpractice claim within 2 years of the injury that’s the basis for your lawsuit. However, that deadline can be paused or lifted to account for special circumstances, such as not discovering the injury until months have passed. Georgia also has another law, called a “statute of repose,” which sets a hard deadline of 5 years on all medical malpractice lawsuits, regardless of the circumstances.
According to O.C.G.A. § 9-3-71:
(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.
(c) Subsection (a) of this Code section is intended to create a two-year statute of limitations. Subsection (b) of this Code section is intended to create a five-year statute of ultimate repose and abrogation.
(d) Nothing contained in subsection (a) or (b) of this Code section shall be construed to repeal Code Section 9-3-73, which shall be deemed to apply either to the applicable statutes of limitation or repose.
For legal and professional malpractice claims in Georgia (such as suing an attorney for failing to properly represent you), claimants have up to 4 years to file a lawsuit.
According to Georgia Code §9-3-25:
All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues.
In addition to these deadlines, Georgia requires a special document called an “expert affidavit” to be filed with the court in medical malpractice cases. This document must be written by a medical expert and must give that person’s opinion, under oath, explaining why at least 1 of the actions you’re suing over fell short of the general standard of care. Without this document, your case may be dismissed. This creates a bureaucratic burden on malpractice cases that are close to the deadline, so it’s vital to talk to a lawyer right away if you think you’re near that deadline.
Complex malpractice cases require experienced injury lawyers
Malpractice cases involving serious injuries are often quite complex. A serious injury can touch every part of your life — work, family, interests or hobbies, and even your ability to perform basic tasks like getting dressed. Coming up with a fair value for all of those losses, both now and in the future, is a task that requires extensive experience with valuation as well as what courts have done in the past.
Understanding and proving your injuries can also be quite complicated, particularly if your doctors still have questions about your recovery. And malpractice claims that are worth high dollar amounts may result in fierce courtroom battles.
If you were a victim of malpractice, we strongly recommend you consult with an experienced attorney to get the best possible result from your claim.
In addition to helping you understand your case, an experienced Atlanta malpractice lawyer will know how to deal with the other side and the insurance companies, what to ask for in court and how to prove your claims for the following damages:
- Physical injuries
- Physical pain
- Grief or other emotional suffering
- Loss of a loved one
- Lost wages, now and in the future
- Loss of abilities or a limb
- Reduced quality of life
- Wrongful death of a loved one
Count on Scholle Law for compassion and expertise in malpractice claims
For more than 20 years, Charles Scholle and the Scholle Law team have helped people in Gwinnett County and throughout the state of Georgia recover the financial payments they need to support themselves, heal and move on from a serious injury caused by someone else’s negligence. If you’re thinking about filing a malpractice lawsuit in Georgia, but you want to know more about your options and rights, then don’t hesitate to contact us for your free, no-obligation consultation.
Contact us to speak with a lawyer about your accident.We’re available 24/7 and your first consultation is free.
Call 866-972-5287 or send us a message online