Atlanta Medical Malpractice Attorneys

What Damages Are Recoverable in a Medical Malpractice Claim?

Wrongfully injured patients may be entitled to various damages in medical malpractice claims. There are two primary types: economic damages for direct financial losses (such as treatment costs, hospital stays, lost wages and earning capacity, and other out-of-pocket expenses), and non-economic damages for intangible losses (such as pain and suffering, mental anguish, loss of enjoyment of life, and mental anguish). We can calculate all types of compensatory damages to pursue the maximum settlement available to you under the law.   

How Long Do I Have to File a Medical Malpractice Claim?

In Georgia, medical malpractice claims must be filed within two years of the injury. Certain exceptions may apply in limited circumstances. We can evaluate the facts of your case and help you file a timely claim within the appropriate deadline to protect your right to damages. 

How to Win a Medical Malpractice Claim in Georgia

To win a medical malpractice claim, the injured party (plaintiff) is responsible for demonstrating four key elements:

1. Duty of care. First, you must establish the existence of a valid doctor-patient relationship.
2. Breach of duty. Next, you must prove that the defendant deviated from accepted medical standards.
3. Causation. Then, you must show that your injuries were the direct result of the defendant’s actions. 
4. Damages. Finally, you must demonstrate that you suffered harm (damages) as a result of the breach. 

Georgia law also requires an “expert affidavit” to be filed alongside all medical malpractice claims (O.C.G.A. § 9-11-9.1). We work closely with qualified experts to craft detailed and persuasive affidavits that clearly link the provider’s actions to your injuries. 

Can I Recover Punitive Damages in a Medical Malpractice Claim?

It depends. Punitive damages are only available in limited circumstances involving extreme negligence. The plaintiff must present “clear and convincing evidence” of willful misconduct, malice, fraud, wantonness, or oppression (O.C.G.A. § 51-12-5.1(b)). 

State law limits punitive damages to $250,000 in medical malpractice cases (O.C.G.A. § 51-12-5.1(g)). We can evaluate whether your case qualifies for punitive damages, support your claim with compelling evidence, and fight for full accountability. 

Will My Medical Malpractice Case Go to Trial?

The majority of medical malpractice cases are resolved through settlements. However, some cases may proceed to trial if a fair settlement cannot be reached. Our firm provides trial-ready advocacy and is fully prepared to represent your best interests in and out of the courtroom.