If mediation cannot settle a medical malpractice case, a judge or jury may determine your injuries’ monetary value. But an arbitrary cap can apply to the award amount if you sustained catastrophic injuries like the loss of eyesight or a limb due to medical misconduct. Learning about the reasons why such caps are in place can help you understand the claims process. Also, it is important when to seek help from Augusta medical malpractice lawyers.
What to Know About Medical Malpractice Cases
Anyone who administers medical treatment or performs surgery for payment can face a medical malpractice claim if they fail to offer the expected reasonable care to patients. Medical malpractice lawsuits should be filed within 2 years of the date the injuries occurred due to negligence, omissions, or wrongful acts.
But if the injury was not apparent right away, the statute of limitations may be extended to 5 years. Medical malpractice victims should submit expert affidavits that name the alleged negligence or omission along with supporting evidence for every claim.
Economic vs Non-Economic Damages
Regulations in the state don’t impose a cap on economic damages you may recover in a medical malpractice case. That is why the differences between economic and non-economic damages must be understood.
- Economic damages: These refer to the monetary losses you sustained due to medical malpractice. Such damages include medical expenses, lost wages, impaired earning ability, continued medical care, accessibility equipment, long-term disability care, and others.
- Non-economic damages: These include the emotional distress, pain and suffering, and body pain that you went through due to your injuries. Also, you may seek compensation for physical impairment, suffering, inconvenience, loss of life enjoyment, and deformity.
The Damage Cap in Georgia
Medical malpractice liability caps in the state of Georgia apply only to noneconomic damages. They include restitution for the harm you sustained due to the negligence of the defendant and your pain and suffering. Thus, if you suffer a traumatic brain injury, you may recover more damage because of how seriously this injury alters your everyday life.
Non-economic damages in a medical malpractice case against a healthcare provider are capped at $350, 000. The same caps apply to claims against a healthcare facility while a $700, 000 cap applies to cases that involve several facilities.
When bringing a medical malpractice claim, you may be concerned about the restitution you may get. Securing an appropriate settlement is vital as you try to restore your life before the injury. An attorney can prepare and file a claim for you.
