Respiratory Therapist Malpractice in Georgia: Your Legal Rights
If you suspect that a licensed respiratory therapist (RT)’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. Respiratory therapists evaluate and treat patients with breathing disorders including asthma, COPD, pneumonia, and patients requiring mechanical ventilation. In Georgia, they are licensed under O.C.G.A. Section 43-34-140 through 43-34-153.
What Constitutes Respiratory Therapist Malpractice?
Like all healthcare providers in Georgia, respiratory 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 respiratory therapist malpractice include:
- Ventilator mismanagement: Improper settings causing barotrauma, pneumothorax, or oxygen toxicity
- Accidental extubation: Failure to properly secure an endotracheal tube, resulting in tube dislodgement
- Medication errors: Administering incorrect medications via nebulizer or inhaler
- Failure to escalate: Not recognizing signs of respiratory distress requiring immediate physician intervention
- Improper suctioning: Using incorrect technique causing tracheal or bronchial damage
- Inadequate monitoring: Failure to properly monitor oxygen saturation levels, leading to hypoxic brain injury
- Negligent tracheostomy care: Causing infection or tube dislodgement
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 Respiratory Therapist Malpractice Claim
To prevail in a respiratory therapist malpractice case in Georgia, you must prove four elements:
- Duty: The respiratory therapist owed you a duty of care by virtue of the provider-patient relationship
- Breach: The respiratory therapist violated the accepted standard of care for respiratory therapists 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 respiratory 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 Respiratory Therapist Malpractice Scenarios
Ventilator mismanagement: Improper ventilator settings are one of the most dangerous forms of respiratory therapy malpractice. If a respiratory therapist sets tidal volumes too high, pressure limits too high, or oxygen concentrations at inappropriate levels, the patient can suffer barotrauma (lung damage from excessive pressure), volutrauma (damage from excessive volume), or oxygen toxicity. These errors can cause pneumothorax, permanent lung damage, or death.
Accidental extubation: When a respiratory therapist fails to properly secure an endotracheal tube or is negligent during patient repositioning, the tube can become dislodged. If the patient cannot breathe independently and re-intubation is delayed, the resulting oxygen deprivation can cause hypoxic brain injury, cardiac arrest, or death.
Failure to escalate respiratory distress: Respiratory therapists often provide ongoing monitoring of patients with breathing difficulties. If a therapist fails to recognize worsening respiratory status, declining oxygen saturation, or signs of impending respiratory failure, and does not immediately alert the physician or nursing staff, the delay can result in respiratory arrest, brain injury, or death.
Why Insurance Companies Fight These Claims
Medical malpractice claims against respiratory therapists are aggressively defended because they set precedent and affect malpractice insurance premiums across the profession. The respiratory therapist’s insurance company will hire defense attorneys and expert witnesses who will argue that the respiratory therapist met the standard of care, that your injury was preexisting or caused by other factors, or that the respiratory 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 respiratory 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