Physician Assistant Malpractice in Georgia: Your Legal Rights
If you suspect that a physician assistant (PA)’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. Physician assistants are licensed medical providers who practice under the supervision of a physician. They can diagnose conditions, prescribe medications, and perform certain procedures. In Georgia, PAs are licensed under O.C.G.A. Section 43-34-100 through 43-34-108.
What Constitutes Physician Assistant Malpractice?
Like all healthcare providers in Georgia, physician assistants 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 physician assistant malpractice include:
- Misdiagnosis: Failing to recognize a condition that requires immediate physician intervention
- Unauthorized prescribing: Prescribing medications outside their authorized scope or without proper physician oversight
- Exceeding scope of practice: Performing procedures beyond their training or authorization
- Failure to escalate: Not referring a patient’s deteriorating condition to the supervising physician
- Procedural negligence: Negligent suturing, wound care, or minor surgical procedures causing infection or scarring
- Failure to order tests: Not ordering critical diagnostic tests that a reasonably competent PA would have ordered
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 Physician Assistant Malpractice Claim
To prevail in a physician assistant malpractice case in Georgia, you must prove four elements:
- Duty: The physician assistant owed you a duty of care by virtue of the provider-patient relationship
- Breach: The physician assistant violated the accepted standard of care for physician assistants practicing in Georgia or in similar communities
- Causation: The breach of the standard of care directly caused your injury (proximate cause)
- 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 physician assistant 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 Physician Assistant Malpractice Scenarios
Failure to escalate to supervising physician: One of the most common forms of PA malpractice occurs when a physician assistant encounters a patient whose condition exceeds the PA’s scope or expertise but fails to consult with or refer to the supervising physician. Under Georgia law (O.C.G.A. Section 43-34-103), PAs must practice under physician supervision. If a PA treats a complex condition independently when the standard of care required physician involvement, both the PA and the supervising physician may be liable.
Misdiagnosis in urgent care settings: Physician assistants frequently staff urgent care clinics and emergency departments. If a PA misdiagnoses a heart attack as acid reflux, appendicitis as gastroenteritis, or meningitis as a migraine, and the patient suffers serious harm from the delayed diagnosis, the PA and the supervising physician may both face malpractice liability.
Prescribing errors: PAs in Georgia may prescribe medications under their supervising physician’s delegated authority. If a PA prescribes a medication that is contraindicated for the patient, fails to check drug interactions, or prescribes outside the scope of their delegation agreement, the resulting patient harm may constitute malpractice.
Why Insurance Companies Fight These Claims
Medical malpractice claims against physician assistants are aggressively defended because they set precedent and affect malpractice insurance premiums across the profession. The physician assistant’s insurance company will hire defense attorneys and expert witnesses who will argue that the physician assistant met the standard of care, that your injury was preexisting or caused by other factors, or that the physician assistant’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 physician assistant 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