Speech-Language Pathologist Malpractice in Georgia: Your Legal Rights
If you suspect that a licensed speech-language pathologist (SLP)’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. Speech-language pathologists evaluate and treat communication disorders, swallowing disorders (dysphagia), voice disorders, and cognitive-communication impairments. In Georgia, they are licensed under O.C.G.A. Section 43-44.
What Constitutes Speech-Language Pathologist Malpractice?
Like all healthcare providers in Georgia, speech-language pathologists 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 speech-language pathologist malpractice include:
- Improper dysphagia management: Failure to properly assess swallowing function, leading to aspiration pneumonia or choking
- Unsafe diet recommendations: Recommending an inappropriate diet consistency for a patient with swallowing difficulties
- Missed swallowing disorder: Failure to identify signs of dysphagia in a stroke patient
- Inappropriate pediatric techniques: Using methods that cause speech regression in children
- Failure to identify neurological conditions: Missing signs that communication difficulties are caused by an underlying neurological condition
- Voice disorder treatment errors: Negligent treatment causing permanent vocal cord damage
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 Speech-Language Pathologist Malpractice Claim
To prevail in a speech-language pathologist malpractice case in Georgia, you must prove four elements:
- Duty: The speech-language pathologist owed you a duty of care by virtue of the provider-patient relationship
- Breach: The speech-language pathologist violated the accepted standard of care for speech-language pathologists 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 speech-language pathologist 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 Speech-Language Pathologist Malpractice Scenarios
Aspiration due to improper dysphagia management: One of the most serious forms of SLP malpractice involves incorrect assessment or management of swallowing disorders. If an SLP clears a patient for a regular diet when the patient actually requires thickened liquids or pureed foods, and the patient aspirates food into their lungs, the resulting aspiration pneumonia can be fatal, particularly in elderly or medically fragile patients. Proper instrumental swallowing assessments such as videofluoroscopic swallowing studies (VFSS) or fiberoptic endoscopic evaluation of swallowing (FEES) are required when clinical signs suggest aspiration risk.
Failure to identify neurological conditions: Speech and language difficulties can be symptoms of serious neurological conditions including stroke, brain tumors, ALS, or Parkinson’s disease. If an SLP attributes new-onset speech difficulties to benign causes without recommending neurological evaluation, and the underlying condition progresses untreated, the SLP may be liable for the delayed diagnosis.
Pediatric treatment errors: Speech-language pathologists working with children must use age-appropriate, evidence-based techniques. If an SLP uses inappropriate methods that cause a child to develop aversions to communication, experience behavioral regression, or fail to receive timely intervention for conditions like autism spectrum disorder, the resulting developmental delays may constitute malpractice.
Why Insurance Companies Fight These Claims
Medical malpractice claims against speech-language pathologists are aggressively defended because they set precedent and affect malpractice insurance premiums across the profession. The speech-language pathologist’s insurance company will hire defense attorneys and expert witnesses who will argue that the speech-language pathologist met the standard of care, that your injury was preexisting or caused by other factors, or that the speech-language pathologist’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 speech-language pathologist 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