Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide adequate medical care, resulting in harm to the patient. In Georgia, medical malpractice lawsuits are governed by specific laws that dictate what damages can be recovered. In this blog post, we will discuss the damages that can be recovered in a Georgia medical malpractice lawsuit
Compensatory damages are damages that are intended to compensate the injured party for their losses. There are two types of compensatory damages in Georgia medical malpractice cases: economic damages and non-economic damages.
Economic damages are damages that can be objectively quantified, such as medical expenses, lost wages, and future lost income. Medical expenses include any expenses related to medical treatment, including hospital bills, doctor’s bills, medication costs, and rehabilitation expenses. Lost wages include any income lost as a result of the injury, such as time missed from work. Future lost income includes any income that the injured party will lose in the future as a result of the injury.
Non-economic damages are damages that cannot be objectively quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life. Pain and suffering include any physical or emotional pain caused by the injury. Emotional distress includes any mental anguish caused by the injury, such as depression, anxiety, and PTSD. Loss of enjoyment of life includes any loss of ability to enjoy life’s activities as a result of the injury.
Punitive damages are damages that are intended to punish the defendant for their actions. In Georgia, punitive damages can only be awarded if the defendant’s conduct was willful, wanton, or malicious. Willful conduct is conduct that is intentional, while wanton conduct is conduct that is reckless or shows a conscious disregard for the safety of others. Malicious conduct is conduct that is intended to cause harm.
Statutory Caps on Damages
In Georgia, there are statutory caps on the amount of damages that can be recovered in medical malpractice cases. The cap on non-economic damages is $350,000 per claimant. The cap on non-economic damages increases to $700,000 if there are multiple claimants. However, there is no cap on economic damages, such as medical expenses and lost wages.
It is also important to note that there are certain requirements that must be met before filing a lawsuit. These requirements include providing the defendant with notice of the claim and obtaining an expert affidavit supporting the claim of medical malpractice.
The notice requirement means that the injured party must provide the healthcare provider with notice of the claim within a certain timeframe, typically within two years of the injury or within two years of discovering the injury. The expert affidavit requirement means that the injured party must obtain an affidavit from a qualified medical expert stating that the healthcare provider’s conduct fell below the standard of care and caused the injury.
Filing a medical malpractice lawsuit in Georgia can be complex and challenging, which is why it is important to work with an experienced medical malpractice attorney. A knowledgeable attorney can help you navigate the legal process, obtain the necessary evidence to support your claim, and seek the compensation you deserve for your losses.
If you have been injured as a result of medical malpractice in Georgia, you may be entitled to compensation for your losses, including economic damages, non-economic damages, and punitive damages. However, there are statutory caps on the amount of damages that can be recovered, and certain requirements that must be met before filing a lawsuit. Contacting an experienced medical malpractice attorney is crucial to ensure that your legal rights are protected and that you receive the compensation you deserve.
At Princenthal, May & Wilson, LLC, we have a team of experienced attorneys who specialize in medical malpractice cases in Georgia. We can help you with your medical malpractice lawsuit and work to maximize the damages you are entitled to recover.
Our attorneys have extensive experience in handling medical malpractice cases and can help you navigate the legal process, gather necessary evidence, and build a strong case to prove medical malpractice. We will work with you to understand the specific damages you have suffered, including economic damages such as medical expenses and lost wages, and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
We also have access to a network of medical experts who can provide opinions on whether the healthcare provider’s conduct fell below the standard of care and caused the injury.
We understand that filing a medical malpractice lawsuit can be challenging and emotionally difficult, which is why we provide compassionate and personalized legal representation to our clients. We will keep you informed throughout the legal process and fight for your rights to ensure that you receive the compensation you deserve.
If you have been injured as a result of medical malpractice in Georgia, contact us at Princenthal, May & Wilson, LLC today for a free consultation. We will evaluate your case, explain your legal options, and help you pursue the compensation you are entitled to recover.