Do Georgia Courts Award Punitive Damages in Medical Malpractice Cases?
What if a doctor does harm to you or a loved one while providing medical care? While accidents can and do happen, some laws allow victims to file medical misconduct cases when an avoidable accident occurs. Not every case will meet the grounds for filing a lawsuit and fighting for damages, but those who can file a claim could be eligible for a range of damages to compensate for that incident.
Malpractice cases are aimed at assisting the victims of malpractice, which leaves the victim suffering devastating injuries and costs related to those accidents. Any victim of such an incident needs to understand their rights and responsibilities.
A victim or surviving family members of a victim may suffer harm if they can demonstrate that a doctor or other health professional has deviated from a standard of care in which the victim suffered the consequences. All states treat the award of damages differently. Therefore, a victim in Georgia needs to understand the types of damage they could be entitled to after a serious accident.
Three Types of Damage in Malpractice Cases in Georgia
In general, any malpractice case opens the door to three possible types of compensation:
- Economic damage such as direct payments for medical care required by the incident
- Non-economic damage as responsible for the victim’s pain and suffering
- Punitive damages aimed at holding the negligent party accountable for particularly monstrous acts
In some serious cases of wrongdoing, a victim may be entitled to all three. In your first consultation with a GA medical misconduct attorney, discuss the facts of the case and be ready to share things like documents or medical records to support your claim.
The recovery process, both in terms of your health and finances, can be a very long way. The use of the support of external persons, such as B. A medical misconduct attorney at GA is one way to make this long journey easier.
Definition of egregious acts in the case of punitive damages for malpractice
It is at the discretion of the Georgia courts to award punitive damages in malpractice cases where the care provided has been so outrageous or egregious that the defendant deserves punishment.
Punitive damages are only eligible in Georgia malpractice cases when there is clear and convincing evidence that the defendant’s act has shown fraud, malice, willful misconduct, willful indifference to consequences, or repression.
There is no limit to compensation for financial loss following an accident or for noneconomic damage for pain and suffering in a Georgia medical misconduct case. However, there is a cap on punitive damages, which means that the maximum a victim can receive in punitive damages in a medical misconduct case is $ 250,000.
Types of malpractice cases
Cases of malpractice can occur due to a variety of circumstances. In all of these cases, a victim needs to understand whether or not their case meets the necessary grounds for medical misconduct. Misconduct questions the doctor’s actions and whether another doctor would have reacted in the same way.
In some cases, these malfunction issues are much clearer, e.g. B. with a doctor who is under the influence of drugs or alcohol at the time of care. In other cases, it is up to the victim and an experienced medical malpractice attorney to produce a convincing case that explains why the victim has suffered harm.
What types of compensation are there outside of punitive damages?
As mentioned above, there is no upper limit to the damage you can take for things like scarring, anxiety, loss of camaraderie, anguish, pain and suffering, and other emotional losses related to an accident. Compensation is also granted in the form of economic damage for lost wages, lost earning capacity, health costs, ongoing medical care and rehabilitation.
One of the best things that you can do about your case is to use the services of a skilled Georgia medical misconduct attorney as soon as possible after an incident.
The assistance of a lawyer can help you determine your rights and obligations that you need to consider when opening a case. Remember, many hospitals and attorneys will fight back aggressively for these medical misconduct claims. You need to have a lawyer in your corner to represent your interests.
If your lawsuit lists a desire for punitive damages, you can assume that the other side is well organized in their response. Your attorney should be thoroughly prepared to show how the actions of the doctor took this incident beyond the essential, as your future is at stake. Our knowledgeable team of attorneys at Greathouse Trial Law understand Georgia medical misconduct law and will fight for you in court if necessary. Call (678) 310-2827 today for a free consultation to discuss your case.
Disclaimer: The information in this blog post (“Post”) is for general informational purposes only and may not reflect the current law in your jurisdiction. The information contained in this post should not be construed as legal advice to the individual author or the law firm, nor is it intended as a substitute for legal advice on any particular topic. No reader of this post should act on or dispense with the information contained in or accessible through this post without seeking appropriate legal or other professional advice as to the particular facts and circumstances at hand with an attorney that is approved by the recipient state, state, or other suitable licensing jurisdiction.
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