Unfortunately, medical malpractice remains a serious problem. Too many patients are harmed by medical negligence each year. Victims have the right to bring a claim against a negligent doctor, nurse, hospital, or other health provider. Through a medical malpractice claim, you have the right to seek compensation for your damages, including medical bills, lost income, and pain and suffering.
This raises a key question: Is there a cap on how much compensation you can recover in a medical malpractice claim? In Georgia, the answer is “no”—with an exception for punitive damages. You are not limited by law when seeking compensation for actual damages. Here, our Atlanta medical malpractice attorneys provide a guide to caps for medical malpractice damages.
Overview of Georgia’s Damage Cap Laws
Georgia’s damage cap laws have undergone significant changes over the years, particularly in the context of medical malpractice cases. In 2005, the Georgia legislature enacted a law capping non-economic damages in medical malpractice cases at $350,000. However, in 2010, the Georgia Supreme Court ruled that this law was unconstitutional, effectively striking down the cap on non-economic damages. Currently, there is no cap on non-economic damages in medical malpractice cases in Georgia, allowing victims to seek full compensation for their losses.
In contrast, punitive damages in medical malpractice cases are capped at $250,000, with 75% of the award going to the state. This cap is intended to punish defendants for willful misconduct or malice, rather than compensate victims for their losses. It’s essential to note that the classification of damages in medical malpractice cases can significantly impact the total award, making it crucial to work with an experienced attorney to navigate these complexities.
No Cap On Economic Damages in a Medical Malpractice Claim in Georgia
As a starting point, it is important to emphasize that there are no statutory caps on economic damages in medical malpractice claims in Georgia. In the context of personal injury, Georgia law allows victims to seek full compensation for their economic losses. Economic damages are actual monetary losses. You can take action to recover the full extent of your quantifiable losses. In other words, victims of medical negligence can seek compensation for all their:
- Property damage;
- Emergency room care;
- Hospital bills;
- Prescription medications;
- Medical equipment;
- Long-term medical needs;
- Mental health counseling;
- Lost wages; and
- Loss of earning power.
No More Cap On Non-Economic Damages in a Medical Malpractice Claim in Georgia
There used to be a statutory cap on non-economic damages in medical malpractice claims in Georgia. Similar to other personal injury cases, medical malpractice claims in Georgia are not subject to caps on non-economic damages. In 2005, lawmakers passed a bill that limited how much a medical malpractice victim could recover for their non-economic damages—such as pain and suffering, long-term disability, and loss of quality of life. However, that statute is no longer valid. The Supreme Court of Georgia found the state’s cap on non-economic damages in medical malpractice claims unconstitutional.
In the 2010 case of Atlanta Oculoplastic Surgery v. Nestlehutt, our state’s highest court invalidated the statutory cap on non-economic damages. The plaintiff (Betty Nestlehutt) was a patient who suffered injuries due to negligently performed cosmetic surgery by the defendant (Atlanta Oculoplastic Surgery). The court found liability on the part of the defendant and the jury awarded the plaintiff $900,000 in non-economic damages. However, that amount was more than the then-existing statutory cap on non-economic damages for medical malpractice cases.
Upon review, the Georgia Supreme Court struck down the statutory cap on medical malpractice non-economic damages—which was then $350,000—as unconstitutional. The law was ruled invalid because it violated the right to a jury trial. The decision had major implications for medical malpractice victims. There are no caps on non-economic damages in place. Through a medical malpractice claim in Georgia, you can seek full compensation for non-economic losses, including pain and suffering, long-term disability, and loss of life enjoyment.
A Cap On Punitive Damages in a Medical Malpractice Claim in Georgia
Punitive damages—often known as: “exemplary damages”—are a type of damages that can be awarded in a civil lawsuit as a form of punishment to the defendant. Punitive damages punish particularly harmful, reckless, or malicious conduct. These damages go beyond compensating the plaintiff and are designed to deter similar future behavior by the defendant or others. Unlike compensatory damages, which aim to make the plaintiff whole, punitive damages are intended to serve as a financial deterrent against gross negligence or intentional wrongdoing.
Punitive damages can be granted in a limited number of medical malpractice claims in Georgia. If a medical provider engaged in gross negligence or intentional harmful conduct, a patient who suffered harm may be entitled to seek punitive damages in addition to the economic and non-economic losses that they suffered. There is a cap for these damages. Under Georgia law (GA Code § 51-12-5.1), punitive damages in medical malpractice cases are limited to $250,000.
Note: There is an exception to Georgia’s statutory cap on punitive damages for medical malpractice claims. In cases involving intentional harm, the court may set the cap on punitive damages aside and award the victim punitive compensation above $250,000. Malpractice that occurs due to intoxication may be deemed “intentional harm” in Georgia.
Impact of Georgia’s Laws on Medical Malpractice Victims
Georgia’s laws on damage caps have a significant impact on medical malpractice victims. The absence of a cap on non-economic damages means that victims can seek full compensation for their losses, including pain and suffering, emotional distress, and loss of enjoyment of life. This is particularly important for victims who have suffered catastrophic injuries or wrongful death, as they may require significant compensation to cover their medical expenses, lost income, and other related costs.
On the other hand, the cap on punitive damages may limit the amount of compensation available to victims in cases where the defendant’s conduct was particularly egregious. However, the fact that punitive damages are only available in cases of willful misconduct or malice means that victims can still seek significant compensation in cases where the defendant’s actions were reckless or negligent.
Navigating the Complexities of Medical Malpractice
Navigating the complexities of medical malpractice cases in Georgia requires a deep understanding of the state’s laws and regulations. Medical malpractice victims must work with experienced attorneys who can help them navigate the complexities of damage caps, punitive damages, and other related issues.
It’s essential to note that medical malpractice cases can be highly complex and require significant expertise to litigate effectively. Victims must work with attorneys who have a proven track record of success in medical malpractice cases and who can help them secure the maximum compensation available under Georgia law.
In addition to working with experienced attorneys, medical malpractice victims must also be aware of the various deadlines and time limits that apply to their cases. In Georgia, medical malpractice cases must be filed within two years of the date of the injury or the date of discovery of the injury. Failure to file a claim within this timeframe can result in the victim being barred from seeking compensation.
Overall, navigating the complexities of medical malpractice in Georgia requires a deep understanding of the state’s laws and regulations, as well as the expertise of experienced attorneys. By working with the right attorneys and being aware of the various deadlines and time limits that apply to their cases, medical malpractice victims can secure the maximum compensation available under Georgia law.
A Lawyer Can Help You Pursue the Maximum Compensation for Medical Malpractice
Victims of medical malpractice deserve justice, accountability, and the greatest possible financial compensation. As Georgia does not cap economic damages or non-economic damages, you have the right to pursue compensation for the full value of your losses. Of course, that does not mean getting compensation will be easy.
Medical malpractice claims are generally defended by large, aggressive insurance companies that are committed to protecting their bottom line. Our Atlanta medical malpractice lawyers go above and beyond to help our clients maximize their insurance settlement or trial verdict. You may be able to recover monetary compensation for:
- Emergency medical treatment;
- Hospital bills and their medical expenses;
- Physical therapy and rehabilitative support;
- Loss of wages and loss of earning power;
- Pain and suffering & mental distress;
- Long-term disability and physical impairment;
- Reduced quality of life; and
- Wrongful death of a family member.
A Quick Summary on Damage Caps and Medical Malpractice Claims in Georgia
Here is a quick overview of everything you need to medical malpractice claims and statutory damages caps in Georgia:
- There is no cap on economic damages;
- There is no cap on non-economic damages (though there used to be one); and
- There is a $250,000 cap on punitive damages (though it can be set aside in limited cases).
Contact Our Atlanta Medical Malpractice Lawyers Today
At Chance, Forlines, Carter & King, PC, our Atlanta medical malpractice lawyers have the professional expertise that you can rely on. Have questions about medical malpractice damages? We can help. Our Atlanta medical malpractice attorneys are devoted to helping medical malpractice victims secure the absolute maximum compensation.
Call us now or contact us online for a free, no-obligation consultation. With offices in Atlanta and Augusta, we fight for the rights of medical malpractice victims throughout Georgia.