Navigating the Ante Litem Notice Requirement in a Georgia Medical Malpractice Claim

Following a Georgia medical malpractice or personal injury-related incident, an injury victim may have grounds to file a lawsuit. However, there may be additional requirements associated with filing a claim that can be complicated and challenging without the proper guidance of an experienced attorney. Regardless, those who cause such injuries should be held accountable for their actions, and victims should take care not to jeopardize their right to compensation by failing to comply with the strict requirements of these cases.

In a recent Georgia Court of Appeals case, a plaintiff filed an ante litem notice of claim in 2017 in which he alleged that physicians failed to timely diagnose his lung cancer. In May 2018, the plaintiff filed a second ante litem notice setting forth the same facts to correct some typographical errors in the original claim notice. In October 2018, the plaintiff filed a medical malpractice action against the defendant, which the trial court dismissed because the plaintiff failed to follow the procedural requirements of the Georgia Tort Claims Act (GTCA). The trial court held that the ante litem notices submitted failed to state the location of the transaction and occurrence as required by the GTCA and granted the defendant’s motion to dismiss the claims. The plaintiff appealed.

On appeal, the plaintiff argued that the trial court incorrectly dismissed his claims because he had followed the procedural requirements of the GTCA. In Georgia, courts have previously held that when there is a complete omission of one of the six categories of information required by the ante litem notice statute, such an omission can render the notice insufficient. Because the plaintiff failed to indicate where the transaction occurred and the frequency in which it occurred, and these factors were considered an entire category in ante litem notice procedures, the appellate court sided with the defendant and affirmed the trial court’s decision to dismiss the plaintiff’s claims.

When filing a similar claim in Georgia, such legal matters can often be extremely complicated. If someone is seriously injured due to a healthcare provider’s medical malpractice, a technicality in the legal system or a lack of understanding of additional procedural requirements could bar them from being able to receive the compensation they deserve. For this reason, potential plaintiffs should contact a seasoned personal injury attorney with experience working on a diverse profile of medical malpractice cases. Without proper representation, an accident victim may lose out on the damages that can help them on the road to recovery.

Do You Need a Georgia Medical Malpractice Attorney?

If you or someone you know has been injured as a result of medical malpractice or a medical professional’s negligence, contact McAleer Law today. Our team of experienced, knowledgeable, and compassionate attorneys will be happy to discuss your options. Our lawyers have represented patients in a wide number of Georgia medical malpractice claims, and we pride ourselves on our excellent client advocacy and representation. To set up a free consultation today, give us a call at 406-622-5337 to speak to a member of our team.

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