Georgia does not cap damages in medical malpractice cases. Georgia lawmakers did pass laws placing medical malpractice caps on noneconomic damages allowed in medical malpractice suits in 2005 ($350,000 per facility per victim, $700,000 per victim in a case with multiple facilities, and $1.05 million in any single case), but the Georgia Supreme Court deemed these limits unconstitutional in 2010 in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al.
This means that, based on case law, there is no limit to the compensation you can receive for:
- Pain and suffering
- Mental anguish
- Anxiety
- Loss of companionship
- Scarring
- Other emotional losses
For help from a medical malpractice attorney in Duluth Georgia, give the Brauns Law Accident Injury Lawyers, PC team a call: 404-418-8244.
Are there limits on economic and punitive damages?
Georgia law has never placed a limit on economic damages recoverable from a medical malpractice claim. In a medical malpractice claim, you may be able to recover compensation for:
- Healthcare costs
- Rehabilitation
- Ongoing medical care
- Lost wages
- Lost earning capacity
- Other economic losses
The case also stated, “because [a] punitive award does not constitute finding of fact, potential limitations on size of awards do not implicate Seventh Amendment jury trial right.” Essentially, because a jury awards punitive damages to punish the defendant and not to compensate for actual “factual” damages, limiting punitive damages is not unconstitutional.
Due to these findings, Georgia law still caps punitive damages in medical malpractice cases at $250,000. If the plaintiff can show that the medical professional acted with egregious negligence or intentional malice, the court may decide to raise the damage limit, although these cases are exceedingly rare.
How can Brauns Law Accident Injury Lawyers, PC help?
Even though there is no limit to the economic or noneconomic damages you can receive for a medical malpractice claim in Georgia, receiving those damages is as difficult as ever, but you have help.
The medical malpractice attorneys at Brauns Law Accident Injury Lawyers, PC work with the victims of Georgia medical malpractice claims, helping them file claims, collect the necessary evidence (e.g., testimony from a medical expert), managing communication and negotiations, and even representing victims in court if necessary.
If you or a loved one suffered injuries you believe are the result of a doctor, medical facility, or other healthcare provider’s negligence, our legal team can help.
Contact us today at 404-418-8244 to schedule a free consultation to learn more.
