Jane Lamberti Sams Medical Malpractice Law Blog on Lawyers.com

The controversial issue of “caps” or limits on the recovery of non-economic damages of pain and suffering remain one of the hottest topics in medical malpractice law in Atlanta.

Proponents of caps argue that they help manage the volume of Atlanta malpractice lawsuits filed and limit the awards made in what some would call more “frivolous” cases.  Critics argue that frivolous lawsuits are thrown out of court anyway, and that caps discriminate against malpractice victims who suffer severe injuries and others whose only compensation is in the recovery of non-economic damages.

In 2005, former President George Bush proposed a nationwide cap of $250,000 on non-economic damages in medical malpractice lawsuits.  Various states, including Georgia, jumped on the caps bandwagon.  Nearly half of the nation’s states now have statutes that cap non-economic damages, and several have documented a decline in the number of medical malpractice lawsuits filed.

Damage caps significantly impact two victim groups.  The first includes victims who are most severely and permanently injured by medical malpractice in Atlanta.  In these cases, the victims are forced to live with the consequences of the malpractice for the rest of their lives.  Examples include patients who were blinded, suffered permanent brain damage, or had a part of their body amputated due to medical negligence.  Under a caps scenario, they may receive a one-time recovery for a lifetime of suffering.  

Other victims who are significantly affected by Atlanta malpractice law damage caps are those who cannot establish wage losses, such as children, the elderly, and stay-at-home moms.  Because some provisions in the statutes tie recoverable malpractice damages to proof of income loss, those who cannot prove a loss of income can recover only a portion of what their lives may have afforded them.  A child who is left with permanent brain damage due to medical malpractice negligence may also receive only a one-time recovery for a lifetime of suffering. 

The Georgia Supreme Court ruled on March 22, 2010, that the caps enacted by the Georgia State Legislature in 2005 are unconstitutional.  Those caps limited damages for malpractice cases brought against individuals (doctors, nurses, therapists, etc.) to $350,000, and against medical facilities (hospitals, clinics, etc.) to $700,000, with a total aggregate cap on non-economic damages set at $1,050,000, regardless how many individuals or facilities are involved in the malpractice.  High courts in other states have also overturned similar statutes, ruling that caps for recovery of damages are unconstitutional.

A State Supreme Court ruling of “unconstitutional” means that the caps directly violated Georgia’s state constitution and, therefore, were declared “void” or “struck” from the statute.  What this means to the people of Atlanta is that there are no longer limits on the maximum amounts victims can recover in medical malpractice and other personal injury cases.

Atlanta medical malpractice law firms, including The Cochran Firm Atlanta, continue to monitor damage caps throughout the country and malpractice law in Atlanta.  If you are a victim of negligence, Atlanta malpractice law allows you two years to file a malpractice claim.  For more information on how Atlanta medical malpractice laws may affect your case, contact Cochran, Cherry, Givens, Smith, Sistrunk and Sams P.C. at 866-549-0562 today.