Understanding Damage Caps In Georgia Medical Malpractice Cases
If you suffered injuries in Georgia due to the negligence of a medical professional, you have the right to file a medical malpractice claim and recover compensation for your injuries and damages. After suffering injuries in Georgia because of the negligence of a medical professional, you can recover economic and non-economic damages, depending on the specifics of your case. If you have a valid medical malpractice claim in Georgia, you might be concerned about how damage caps could impact how much you recover. If you are wondering how damage caps may affect the value of your Georgia medical malpractice claim, read on.
What Are Damage Caps?
Damage caps are laws that limit how much money a personal injury or medical malpractice victim can recover in their case. Usually, damage caps apply to non-economic damages, such as pain and suffering and emotional distress, which are challenging to quantify, and punitive damages, which are only awarded in limited circumstances. Also, the enactment of damage caps varies from state to state.
Why Do Damage Caps Exist?
One of the purported justifications for damages caps is to manage the cost of doing business, particularly the cost of liability insurance. However, while damages caps may have some minimal impact on insurance costs, they also reduce incentives to provide high quality healthcare.
Understanding Damage Caps in Georgia Medical Malpractice Cases
There is no cap on compensatory damages in Georgia for medical malpractice cases (or other personal injury cases). While the Georgia General Assembly attempted in 2005 to place a $350,000 cap on non-economic damages in medical malpractice cases, the Georgia Supreme Court ruled that the non-economic damages cap was unconstitutional. However, a jury’s discretion to award non-economic damages in Georgia medical malpractice cases is not limited; the judge may still determine that a damages award is excessive.
In Georgia, only punitive damages are capped in medical malpractice cases. These are damages only awarded in cases where it is shown by clear and convincing evidence that the defendant’s actions showed malice, willful misconduct, oppression, or fraud. Punitive damages are capped at $250,000 unless the jury determines that the defendant acted with specific intent to cause harm.
Learn More About Damage Caps in Georgia Medical Malpractice Cases or Get Help With Your Medical Malpractice Case by Speaking to Us
If you questions about the potential value of your Georgia medical malpractice claim or need help filing a medical malpractice claim and pursuing compensation, speak to a qualified medical malpractice attorney. Our experienced and dedicated Atlanta medical malpractice attorney at Carroll Law Firm is here for you. Contact us today at 404-816-4555 to schedule a complimentary consultation.