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Is an oncology error considered a breach of duty under Georgia malpractice statutes?
- Published November 7, 2026
- No. 127 of 195 in this folder
Filed in Georgia Medical Malpractice FAQ
Last updated: November 7, 2026. Georgia law changes; check the date before relying on any deadline or rule below.
Only when the error departs from what oncology providers ordinarily do under similar circumstances. No Georgia statute lists oncology errors as breaches. Breach is measured under O.C.G.A. § 51-1-27, and a qualified oncology expert must testify that the provider’s conduct fell below it (§ 24-7-702). Choosing one accepted treatment over another is not a breach, even when the result is bad.
How breach is measured in cancer care
In cancer care, an expert separates two kinds of decisions:
| Likely a breach | Likely a judgment call |
|---|---|
| A dose miscalculated, or given to the wrong patient | Choosing among regimens accepted for the cancer and stage |
| A radiation plan delivered to the wrong site | Deciding between surgery first and chemotherapy first where both are accepted |
| An abnormal finding not acted on or not communicated | Interpreting an ambiguous scan the way careful radiologists might |
| A treatment given despite a documented contraindication | Adjusting treatment in response to side effects within accepted practice |
The left column describes failures of execution or attention. The right describes choices the standard allows.
Guidelines and tumor boards
National treatment guidelines and multidisciplinary tumor board recommendations are not Georgia law. An expert may cite them as evidence of how careful oncologists practice. Departing from a guideline is not automatically a breach if the departure was reasoned and documented, and following one does not automatically protect a provider if the patient’s situation called for something else. The question stays the § 51-1-27 question.
Offering a clinical trial is likewise a matter of clinical practice, not a legal duty defined by Georgia statute.
Who is measured against what
Each provider is measured against his or her own profession: medical oncologists against medical oncology, radiologists against radiology, oncology nurses against nursing practice, pharmacists against pharmacy practice. Georgia’s expert rules generally require an expert from the same profession as the defendant (§ 24-7-702), with an exception allowing physicians to testify about nurses and physician assistants they supervise or teach.
Breach is one element of four
Even a clear breach requires proof that it more likely than not caused a specific injury (Zwiren v. Thompson, 2003). A lost chance of survival, on its own, is not recoverable in a Georgia wrongful death case (Dowling v. Lopez, 1993).
Done wrong, or not done?
When you describe your concern, say whether it is about something done wrong (a dose, a site, a result ignored) or something chosen (a regimen, a sequence). The first is a breach question an expert can answer from the records. The second requires an expert willing to say no careful oncologist would have made that choice.
This article explains Georgia law in general terms. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines in malpractice cases are short and fact-specific, so talk to a Georgia lawyer about your own situation.
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