Elements of a Georgia Medical Malpractice Case--Damages
In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first three elements of this type of case i.e, duty, breach and causation.
Today we will discuss the fourth element of a Georgia Medical Malpractice Case, i.e., damages. Once the other elements are proved, the measure of damages includes not only compensation for actual bodily injuries, but also damages for pain and suffering. The amount of the damages awarded is determined by the general principles which govern other actions for personal injury in Georgia. Common damages that a medical malpractice victim can recover in a lawsuit are past and future medical bills incurred due to the injuries caused by the medical malpractice, past and future lost wages, compensation for the bodily injuries sustained, and compensation for the pain and suffering caused by the medical malpractice.
In medical cases individual health care workers can be held liable for no more than $350,000 in non-economic damages (mostly pain and suffering). Even though this is true, many times damages in medical malpractice cases are recoverable well past this amount, since the other types of damages are not capped.
If you are considering pursuing a medical malpractice claim in Georgia, you should consult with counsel who understands the nuances of Georgia Medical Malpractice law. At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Please contact us today so that we can help evaluate your case.
