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Georgia places cap on medical malpractice wrongful death damages

On Behalf of | Aug 9, 2022 | Wrongful Death

The state of Georgia has revised its policy on wrongful death damages due to medical malpractice. The new ruling involves placing a cap on the total amount of noneconomic damages that can be awarded due to this cause. These caps are still in place and have recently been redefined even though state authorities have had trouble enforcing them.

Caps on noneconomic damages are being enforced

Damages from wrongful death settlements are now subject to a series of caps that are set to top off at $350,000. This is especially true for noneconomic damages due to medical malpractice. You can’t expect to receive more than $350,000 from all of the doctors and other healthcare providers. This is the limit, no matter how many defendants may be named in the suit.

There is also a cap of $350,000 that you can receive from a medical facility and everyone who may be subject to vicarious liability. There is a cap of $700,000 for the entire medical facility, no matter how many defendants there may be. Finally, a cap of $1,050,000 covers all defendants who may be named in the lawsuit.

Understanding the extent of noneconomic damages

Medical malpractice can lead to a great deal of mental anguish, physical pain, distress, and other forms of suffering. These are serious enough to be considered liable for a damage settlement. However, they are considered noneconomic damages because they do not lead directly to you paying money to deal with them.

The aftermath of a medical malpractice incident can certainly expose you to hardships that are worth being compensated for. The loss of your quality of life is something you can’t put any kind of price on. This is a loss that the current noneconomic damage caps don’t begin to take into account.