How Much Is a Medical Malpractice Case Worth?

When we need medical care for an illness or injury, we have little choice but to trust that our doctors will uphold the highest standard of care. Unfortunately, sometimes doctors and other medical providers don’t provide the appropriate level of care, but instead make diagnostic errors or medical mistakes that can cause serious harm, including injuries, worsened medical outcomes, shortened life expectancy, or even wrongful death.

When a medical provider commits malpractice, the injury victim can hold them accountable through a medical malpractice claim, but what is a typical medical malpractice lawsuit in Atlanta, Georgia worth?

How Much Can I Get for a Medical Malpractice Claim In Georgia?

The amount recoverable in a medical malpractice claim varies widely depending on many factors. While data suggests that the majority of financial awards lie between $250,000 to $1 million, an injury victim could recover significantly less or substantially more, depending on the following factors:

• The severity of the harm caused to the patient greatly impacts financial recovery. A catastrophic injury, such as loss of limb, the loss of an organ, disfigurement, hearing or vision loss, permanent disability, diminished quality of life, or shortened life expectancy, recovers far more compensation than a minor injury or short-term illness, with only a few additional hospital bills and mild pain and suffering.
• The total cost of the medical bills and income loss, as well as the anticipated future income loss and medical expenses related to the injury
• The level and duration of the pain involved
• Whether or not the malpractice caused permanent disability and reduced the patient’s earning ability

If a loved one died from medical malpractice, a medical malpractice wrongful death claim could recover compensation for a close, surviving family member.

What Damages Are Recoverable In a Georgia Medical Malpractice Case?

An experienced medical malpractice lawyer examines the medical report and medical bills, consults with medical experts, and carefully calculates past and future economic damages. Then they use a formula based on the total expenses and the intensity of the pain involved to calculate non-economic damages. Common damages recovered in Georgia medical malpractice cases include:

• Past and future medical expenses
• Past and future income loss
• Reduced future earning ability
• Compensation for pain and suffering
• Catastrophic injury damages for permanent harm, such as loss of limb, scarring, disfigurement, vision damage, hearing loss, organ loss, or diminished quality of life

Wrongful death damages paid to a family member include additional compensation for funeral and burial costs and the loss of a provider’s income and benefits, as well as compensation for the family’s grief and anguish.

Does Georgia Cap or Limit Recoverable Damages in Medical Malpractice Cases?

Georgia does not cap tangible economic damages, such as medical costs and lost earnings, and no longer caps non-economic damages. Like some states, Georgia once limited compensation for non-economic damages, but the state struck down the $350,000 cap in 2010. Now, an injury victim may seek the full value of their non-economic damages; however, a judge has the discretion to set aside an award they deem excessive.

Georgia does cap punitive damages in medical malpractice cases, limiting claimants to no more than $250,000. Although punitive damages are awarded to the injury victim, they do not serve as compensation, but instead as a punishment and deterrent to the negligent doctor, provider, or facility.