In Georgia, medical malpractice laws allow patients to sue healthcare providers, including interns and medical trainees, for negligence. However, due to vicarious liability, the primary duty often falls on the doctor in charge and the hospital.
When can you sue interns and trainees for malpractice?
You can sue interns and medical trainees for malpractice in specific cases:
- Direct negligence: If an intern or trainee acts independently and their actions directly harm you or your family, you can sue them for malpractice.
- Intentional misconduct: If the intern or trainee acted in deliberate misconduct or gross negligence, you can include them in your lawsuit.
However, if the intern or medical trainee receives adequate supervision or follows directions, you should focus your claim against the attending physician and the hospital.
Role of supervision
Oversight helps decide who is liable. Poor oversight can make the supervising doctor and hospital liable under vicarious liability. However, if the intern or trainee works beyond their allowed tasks, that’s when you can include them in your lawsuit.
Legal framework in Georgia
Georgia’s medical malpractice laws need proof of these four main points:
- Duty of care: You must show that a doctor-patient relationship existed between you and the healthcare professional.
- Breach of standard of care: You must prove that the healthcare provider did not follow accepted medical practices.
- Causation: You must show that the breach directly led to injury.
- Damages: You must prove you or your loved one suffered actual harm.
These points help build a strong malpractice case.
Statute of limitations
In Georgia, you must file a medical malpractice claim within two years from when the negligence occurred or within two years from when you discovered the injury. There is also a statute of repose of five years, which means you can’t file a claim after five years, no matter when you found the injury.
Surveys and studies
Studies show that poor oversight leads to many trainee errors. A review of closed malpractice claims found that a lack of oversight caused 54% of trainee errors. This shows why proper supervision matters in preventing medical errors.
Key takeaways
While interns and medical trainees can face malpractice suits, the supervising doctor and hospital usually bear liability under vicarious liability. If you want to file a medical malpractice claim, consider consulting a lawyer to help you with your case.
