Free Consultation (770) 865-8654
tap to call tap to text
Georgia medical malpractice Attorneys

Are Damages Limited or Capped in Medical Malpractice Cases?

Aug 25th, 2023  |  Legal Team  |  Firm News

Capped damages in legal contexts are instrumental in shaping the outcomes of civil lawsuits, a principle that holds particular relevance in the realm of medical malpractice cases. Notably, the state of Georgia has established a distinct framework for capped damages in such cases, reflecting a delicate equilibrium between compensating plaintiffs and addressing broader concerns related to healthcare costs, insurance premiums, and legal consistency.

Understanding the nuances of Georgia’s approach to capped damages provides essential insights into the intersection of justice and healthcare. If you believe you have a medical malpractice case, we, at Julie A. Rice, Attorney at Law, & Affiliates, can help you to navigate this landscape with informed guidance to ensure that your rights and potential compensation are effectively pursued and protected.

What is Georgia’s Cap on Medical Malpractice Damages?

The state’s Medical Malpractice Act passed in 2005, includes a provision that limits non-economic damages in medical malpractice cases to $350,000 per plaintiff, regardless of the number of defendants involved. Non-economic damages typically cover intangible losses such as pain and suffering, emotional distress, and loss of consortium. 

In cases against medical facilities, plaintiffs cannot recover more than $350,000 from a single medical facility; there is also a cap of $700,000, no matter how many medical facilities are named as defendants.

Exception for Severe Injuries

There is an exception to this cap for cases involving severe injuries. If the plaintiff’s injuries include severe disfigurement, loss of use of a limb, paralysis, or wrongful death, the cap on non-economic damages can be raised to $1.05 million.

Non-Economic vs. Economic Damages in Medical Malpractice Cases

Non-economic damages and economic damages are two different types of compensatory damages that can be awarded in civil lawsuits, including medical malpractice cases. These damages are meant to provide compensation to the injured party for various losses they have experienced due to the negligence or wrongdoing of another party. 

Non-Economic Damages

Non-economic damages, often referred to as “general damages,” are intended to compensate the victim for intangible losses that are not easily quantifiable in terms of monetary value. These losses are typically related to the physical pain, discomfort, and emotional distress caused by the injury or incident, emotional distress, loss of enjoyment of life, and the inability to maintain a normal relationship with a spouse or family members, known as loss of consortium.

Economic Damages

Economic damages, or “special damages,” are meant to compensate the victim for quantifiable financial losses that directly result from the injury or incident. These losses have a clear monetary value and can be documented through bills, receipts, and other financial records. Examples include medical expenses, lost wages, property damage, home modifications, medical equipment, etc. Georgia does not place a cap on economic damages, but they must be reasonable and related to the harm you suffered. 

Why Are Non-Economic Damages Only Capped in Medical Malpractice Cases? 

Here are some of the common reasons why non-economic damages are limited in medical malpractice cases:

Healthcare Costs and Insurance Premiums

One of the primary arguments in favor of capping non-economic damages in medical malpractice cases is to control healthcare costs and insurance premiums. Without caps, there is concern that large and unpredictable jury awards for non-economic damages could lead to increased healthcare costs, as providers might need to raise prices to cover potential liabilities. Similarly, insurance companies might raise premiums for healthcare providers, which could, in turn, drive up healthcare costs for consumers.

Access to Healthcare

Advocates for caps on non-economic damages often argue that excessive jury awards could potentially discourage healthcare providers from offering certain services or treatments, especially those with higher associated risks. This could result in reduced access to care for patients. Limiting non-economic damages aims to maintain a balance between compensation for victims and ensuring that healthcare remains accessible.

Inconsistent Awards

The unpredictability of jury awards for non-economic damages can lead to inconsistent outcomes in medical malpractice cases. Some argue that caps on non-economic damages help standardize awards and create a more predictable legal environment for both plaintiffs and defendants.

Stability for Providers

For healthcare providers, the threat of significant financial losses from non-economic damages awards can be a considerable concern. Caps on non-economic damages provide a degree of stability and help healthcare providers manage their potential liability risks.

In summary, Georgia’s application of capped damages in medical malpractice cases strikes a delicate equilibrium between compensating plaintiffs and addressing concerns about healthcare costs, insurance premiums, and legal consistency. While economic damages remain unrestricted, the state’s cap of $350,000 on non-economic damages, with exceptions for severe injuries, reflects an effort to curb unpredictable jury awards.

This approach seeks to ensure stability in the healthcare system by averting excessive increases in expenses and preserving access to care. If you believe you have been subject to medical malpractice in Atlanta, it’s crucial to consult a legal professional experienced in navigating Georgia’s specific regulations. Balancing justice and healthcare accessibility underscores the need for informed legal guidance when pursuing such claims.