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Is This Medical Malpractice Or Hospital Negligence?



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(@mileneh)
Member
Joined: 3 months ago
Posts: 47

Topic starter
 

Fayetteville, Georgia. December 2025…What actions can I take against the hospital? My 87 year old mother with Parkinson’s was discharged from the hospital with sepsis, a UTI that she came into the hospital with multiple bed/pressure sores on her backside that are bloody ribbons of black torn skin. She was back in the hospital 24 hours later with 102° fever.




   

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(@loganhartley84gmail-com)
Member
Joined: 5 months ago
Posts: 4

 

@mileneh

Based on your description (elderly patient, Parkinson’s, discharged, then back within 24 hours with high fever, plus severe pressure sores), the main civil claim to explore in Georgia is medical malpractice, or hospital negligence, including failure to diagnose or treat and hospital malpractice. Malpractice can take many forms (including failure to diagnose and hospital malpractice), and recovery usually depends on proving that the injury was directly caused by negligent care by the medical staff, even if paperwork was signed.

Deadlines: In Georgia, medical malpractice claims generally must be filed within two years of the injury, and there is also a five-year outside deadline (statute of repose).
Justia Law

Procedural requirement: Georgia typically requires an expert affidavit to be filed with the complaint in professional malpractice cases.
Justia Law

Non-lawsuit actions (accountability, not compensation):

File a facility complaint with the Georgia Department of Community Health, Healthcare Facility Regulation Division (HFRD).
Georgia Department of Community Health

If you believe an individual clinician’s conduct was improper, the Georgia Composite Medical Board directs people to the DCH HFRD for facility issues and explains complaint basics.
Georgia Composite Medical Board

Practical next steps: get the complete hospital chart (nursing notes, wound assessments, vitals, labs, medication record, and discharge summary), take dated photos of the wounds, and write a timeline of symptoms, treatment, discharge, and rapid return.




   

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(@mileneh)
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Joined: 3 months ago
Posts: 47

Topic starter
 

Thank you; I appreciate your assistance with this. I do have a couple of questions if you wouldn’t mind:

What specific hospital records should I request to evaluate whether this constituted negligent care, particularly with respect to sepsis monitoring, antibiotic therapy, wound care, and discharge decision-making? And based on your knowledge, what facts typically matter most in a claim based on an unsafe or premature discharge, like being readmitted within 24 hours with a 102° fever?




   

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(@loganhartley84gmail-com)
Member
Joined: 5 months ago
Posts: 4

 

I’m sorry that you and your family have to go through this. Based on my knowledge, here are some of the records you would want to request

Ask for the complete chart for the first stay and the readmission, including all provider notes, nursing notes, and flowsheets:

Sepsis and monitoring

  • ED triage and physician assessment (H and P)
  • Vital sign flowsheets and any sepsis screening documentation
  • Labs and trends (CBC/CMP, lactate, blood and urine cultures, urinalysis)
  • Any rapid response, ICU, or consult notes

Antibiotics and infection treatment

  • Medication Administration Record (MAR) showing what was actually given and when
  • Antibiotic orders, start/stop times, and reasons for changes
  • Culture and sensitivity results
  • Infectious disease and pharmacy notes (if any)

Pressure sores and wound care

  • Admission skin assessment (whether sores were present on arrival)
  • Braden score, turning/repositioning logs, and hygiene/continence care notes
  • Wound care consult, staging/measurements, dressing change records, and any wound photos

Discharge decision

  • Discharge summary and the last progress note before discharge
  • Case management/discharge planning notes
  • Discharge instructions, return precautions, and home health or wound care orders

When it comes to the “unsafe discharge.” Readmission in 24 hours with a 102°F fever is important, but these facts usually drive the case:

  1. Was she actually stable at discharge (vitals, fever, labs, mental status trends)?
  2. Was infection/sepsis workup and treatment adequate, including an appropriate antibiotic plan?
  3. Was there a clear discharge rationale and workable follow-up plan, given her age and Parkinson’s?
  4. Did the instructions and medications make it home and get started (or were there barriers)?
  5. Causation: can an expert link the discharge and care plan to the rapid decline, which is typically required in Georgia malpractice cases.

I know this can feel overwhelming, and speaking with a lawyer could help you better understand what is required in a case such as this. As well as helping ensure you obtain the information needed to prove your case. I wish you the best of luck and hope your mother gets well soon. 




   

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