Can You Recover Punitive Damages in a Georgia Medical Malpractice Case?
When you seek medical care, the last thing you expect is for a healthcare provider’s negligence to cause you harm. Unfortunately, medical negligence remains a huge problem. In Georgia, victims of medical negligence can pursue compensation through a medical malpractice claim. Victims can file claims against a negligent hospital, doctor, nurse, or other healthcare provider. You can recover compensation for medical expenses, lost wages, pain and suffering, and other economic and non-economic losses through a medical malpractice claim. These are referred to as compensatory damages. But can you recover punitive damages in a Georgia medical malpractice case? Yes, you can, but only in rare situations. Read on to learn more!
Defining Punitive Damages
Punitive damages are a special category of damages that a defendant is asked to pay along with whatever compensatory damages are owed. Whereas compensatory damages aim to make the victim “whole,” punitive damages are meant to punish the defendant for grievous actions and send a strong message to prevent similar behavior in the future. Thus, in a medical malpractice claim, punitive damages are meant to punish the health facility or healthcare provider and deter similar behavior by others in the medical community. Because of the purpose of punitive damages, the laws of many states, including Georgia, limit when and how these damages can be awarded.
Punitive Damages in Georgia Medical Malpractice Cases
According to Georgia law, punitive damages can be awarded in a medical malpractice or other personal injury case only if the claimant shows that the defendant’s conduct constitutes malice, fraud, willful misconduct, oppression, wantonness, or conscious indifference to consequences. This is a higher standard than ordinary negligence.
In medical malpractice cases, the following are some of the actions that go beyond ordinary negligence;
- A surgeon performing a surgery while under the influence of alcohol or drugs
- A doctor knowingly using dangerous or unapproved treatments on patients without their consent
- Intentionally ignoring critical safety protocols
- Intentionally withholding critical information from a patient
In the above cases, punitive damages may be awarded because the behavior reflects a conscious disregard for the safety and well-being of patients.
Cap on Punitive Damages in Georgia
Over the years, Georgia’s damages cap laws have undergone major changes. In 2010, the Georgia Supreme Court ruled that it was unconstitutional to cap non-economic damages in medical malpractice cases. Medical malpractice victims in Georgia can seek full compensation for their economic and non-economic damages. However, punitive damages in Georgia medical malpractice cases are capped at $250,000 unless the defendant acted with specific intent to cause harm or was impaired by alcohol or drugs during the incident.
Pursuing Punitive Damages in a Medical Malpractice Claim
Seeking punitive damages in a Georgia medical malpractice case can be challenging because of the high burden of proof and strict limitations. If you believe you are entitled to punitive damages, it is best that you don’t go at it alone. Consult with an experienced medical malpractice attorney who can help you gather compelling evidence, consult experts, and build a strong case.
Contact an Atlanta Medical Malpractice Attorney
If you’ve been harmed by medical malpractice, please contact our experienced Atlanta medical malpractice attorney at Carroll Law Firm to schedule a consultation. We will work with you to ensure you recover the maximum compensation for your injuries and damages, including punitive damages if your case meets the legal standard.
