By: Bell Law Firm
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Does Georgia Cap Medical Malpractice Awards?
It’s arguably an unjust reality that the state you live in can make all the difference when it comes to recovering damages from medical malpractice litigation. This is due to what’s called ‘damages caps.’
Damages caps are laws that limit the amount of monetary compensation that an injured person can receive in a personal injury or medical malpractice case. The enactment of damages caps varies from state to state, with only 29 states currently (2020) enacting damages caps. Typically, these caps limit only the non-economic damages, which are more difficult to quantify. That includes pain, suffering, and emotion distress, as well as lasting life changes like loss of companionship or consortium.
Until 2010, Georgia capped non-economic damage awards in medical malpractice cases at $350,000 (or $700,000 if more than one defendant was found liable). However, in 2010, Georgia’s state Supreme Court – in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et all. – determined that the state’s cap on non-economic damages was unconstitutional. Since 2018, there are no caps on either economic damages or non-economic damages awarded in the state.
Nothing is a higher priority than your health. If you or a loved one were harmed by a negligent healthcare professional, you’re entitled to fair and complete compensation. You also deserve an attorney who can provide the expertise you need, and if necessary, advocate aggressively on your behalf.
If you have any questions or need to speak to someone about a potential case, please contact us at firstname.lastname@example.org.