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What About Contributory Or Comparative Negligence?

Georgia has adopted a variation of comparative negligence. A claimant's action is barred if he could have avoided the consequences of the defendant's negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence.

The right of contribution is available to joint tortfeasors who are jointly and severally liable. The right of contribution is not affected by a compromise or settlement. While the right of contribution arises at the time of the initial litigation, it can be enforced in a separate action as well.

Other Georgia Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. For … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Signing a consent form in and of itself does not waive your rights. It is possible that the consent form does not contain all of the relevant information that it … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. You can recover your actual economic losses … More
Q: Will We Have To Go To Arbitration?
A: Arbitration is not mandatory in the State of Georgia. The parties may agree to arbitration but the agreement cannot be made prior to the alleged act of malpractice and … More
Q: What Is The Collateral Source Rule?
A: Georgia has held that allowing tort defendants to reduce damages by introducing evidence of payments to the claimant from collateral sources unconstitutional.
Q: Is Expert Testimony Required?
A: A medical malpractice complaint must generally contain an affidavit of an expert stating that the facts justify a claim of negligence. When a claimant fails to file an … More