Medical Malpractice Caps

In the state of Georgia, certain categories of monetary damages that can be awarded in medical malpractice lawsuits are subject to a statutory limit known as a “cap.” Even after a jury has decided that the healthcare provider is responsible for malpractice and the plaintiff is awarded a specific amount,

Georgia law adds a medical malpractice cap that limits the actual amount that the patient ends up receiving. This occurs even after the jury has determined that the healthcare provider is liable for malpractice.

Medical malpractice caps in the state of Georgia, like those in many other states, apply only to non-economic damages brought about by the negligence of healthcare providers. The following are examples of possible types of non-economic damages:

• Pain and Suffering
• Mental Anguish
• Loss of Life Enjoyment
• Anxiety or Depression
• Loss of Companionship
• Permanent Scarring

Although they are difficult to quantify, the following types of non-economic damages have a significant impact on the patient’s life:

• In Georgia, the monetary limit for non-economic damages in claims against a single healthcare facility is $350,000.
• If more than one facility is found liable in a medical malpractice case, the cap is raised to $700,000.
• Regardless of how many facilities are found liable, the overall cap for a single medical malpractice case is $1.05 million.

However, in 2010, the Georgia Supreme Court found Georgia’s cap on non-economic damages to be unconstitutional; consequently, medical malpractice lawsuits filed after that year may not follow this cap at all. In addition, regardless of the caps placed on non-economic damages, there is absolutely no limit placed on the amount of economic damages that a patient can receive in cases involving Georgia medical malpractice.

Damages to the patient’s finances consist of the amount of compensation they are eligible to receive for losses such as:

• Medical Care 
• Future Medical Costs
• Medications
• Lost Wages
• Loss of Future Earning Capacity 
• Any Other Economic Damages That Resulted From the Malpractice

Lawsuits alleging medical malpractice are typically extremely difficult and intricate, and there are numerous strict guidelines that dictate what makes for a legitimate claim. It is critical for any patient who has been injured to collaborate with a seasoned personal injury attorney who is familiar with the litigation process surrounding medical malpractice lawsuits and the operation of caps.