Occupational Therapist Malpractice in Georgia: Your Legal Rights

Reviewed by the attorneys at Wetherington Law Firm | Atlanta, GA | Last Updated: March 22, 2026

If you suspect that a licensed occupational therapist (OT)’s negligence has caused you harm, worsened your condition, or led to a misdiagnosis that delayed proper treatment, you may have a valid medical malpractice claim under Georgia law. Occupational therapists help patients develop, recover, or maintain daily living and work skills after injury, illness, or disability. In Georgia, they are licensed under O.C.G.A. Section 43-28.

What Constitutes Occupational Therapist Malpractice?

Like all healthcare providers in Georgia, occupational therapists owe a duty of care to their patients. When they fail to meet the accepted standard of care and that failure causes injury, they can be held liable for malpractice. Common forms of occupational therapist malpractice include:

• Improper exercise prescription: Failing to assess a patient’s physical limitations before prescribing exercises, resulting in further injury
• Dangerous therapeutic techniques: Using inappropriate techniques that cause falls, fractures, or soft tissue damage
• Failure to modify treatment: Not adjusting a treatment plan when a patient is not improving or is worsening
• Negligent equipment use: Improperly fitting splints, braces, or adaptive devices that cause pressure injuries or nerve damage
• Failure to communicate with physicians: Not reporting changes in the patient’s condition to the treating physician
• Inadequate supervision: Failing to properly supervise occupational therapy assistants performing patient care

Georgia Medical Malpractice Law: Key Statutes

Medical malpractice claims in Georgia are governed by specific statutes that set requirements and limitations you must understand:

Statute of Limitations (O.C.G.A. Section 9-3-71): You generally have two years from the date of the negligent act to file a medical malpractice lawsuit in Georgia. However, there is an absolute statute of repose of five years, meaning no claim can be brought more than five years after the negligent act, regardless of when the injury was discovered.

Expert Affidavit Requirement (O.C.G.A. Section 9-11-9.1): Georgia requires that a medical malpractice complaint be accompanied by an expert affidavit from a qualified healthcare professional. This affidavit must state that there exists at least one negligent act or omission by the defendant and that the negligence was the proximate cause of the plaintiff’s injury. Filing without this affidavit will result in dismissal of the case.

Damage Caps: Georgia previously had a cap on non-economic damages in medical malpractice cases, but the Georgia Supreme Court struck down this cap as unconstitutional in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010). There is currently no cap on non-economic damages in Georgia medical malpractice cases.

Elements of a Occupational Therapist Malpractice Claim

To prevail in a occupational therapist malpractice case in Georgia, you must prove four elements:

1. Duty: The occupational therapist owed you a duty of care by virtue of the provider-patient relationship
2. Breach: The occupational therapist violated the accepted standard of care for occupational therapists practicing in Georgia or in similar communities
3. Causation: The breach of the standard of care directly caused your injury (proximate cause)
4. Damages: You suffered actual harm, whether physical injury, additional medical expenses, lost wages, pain and suffering, or other losses

Compensation Available

If you can prove your occupational therapist malpractice claim, Georgia law provides for comprehensive compensation under O.C.G.A. Section 51-12-4:

• Special (economic) damages: Past and future medical expenses for corrective treatment, additional procedures, and rehabilitation. Lost wages and reduced earning capacity if the malpractice affected your ability to work.
• General (non-economic) damages: Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships and daily functioning.
• Punitive damages: In cases involving willful misconduct, fraud, or wanton disregard for patient safety, punitive damages may be available under O.C.G.A. Section 51-12-5.1.

Common Occupational Therapist Malpractice Scenarios

Injuries from improper exercise prescription: If an occupational therapist prescribes weight-bearing exercises to a patient with an unhealed fracture or unstable joint, and the patient suffers a re-fracture or worsened injury, this constitutes a clear breach of the standard of care. Occupational therapists are required to thoroughly review medical records and conduct physical assessments before designing any rehabilitation program.

Falls during therapy sessions: Occupational therapists have a duty to maintain a safe treatment environment and provide appropriate physical assistance during activities. If a patient falls during a transfer or balance exercise because the therapist failed to use proper guarding techniques or safety equipment, the therapist may be liable for the resulting injuries.

Improper splinting or bracing: Custom splints and braces fabricated or fitted by an occupational therapist must be properly designed to avoid causing pressure sores, nerve compression, or restricted circulation. If a poorly fitted device causes skin breakdown, nerve damage, or compartment syndrome, the occupational therapist may be held liable.

Why Insurance Companies Fight These Claims

Medical malpractice claims against occupational therapists are aggressively defended because they set precedent and affect malpractice insurance premiums across the profession. The occupational therapist’s insurance company will hire defense attorneys and expert witnesses who will argue that the occupational therapist met the standard of care, that your injury was preexisting or caused by other factors, or that the occupational therapist’s actions did not actually cause your harm.

Do not try to handle a medical malpractice claim without experienced legal representation. These cases require expert medical testimony, detailed documentation, and a thorough understanding of Georgia’s procedural requirements. The insurance company has a team working to deny your claim. You need a team working just as hard to protect your rights.

Contact the Wetherington Law Firm

If you or a loved one were harmed by occupational therapist malpractice in Georgia, contact the Wetherington Law Firm today for a free, confidential consultation. Our experienced attorneys have the resources and knowledge to investigate your claim, retain qualified medical experts, and fight aggressively for the full compensation you deserve. We work exclusively on contingency, meaning you pay nothing unless we win your case.

Call now: (404) 888-4444 | (404) 793-1667 | Free consultation