Medical malpractice can leave a patient dealing with far more than the physical effects of an injury. A medical error may result in additional medical treatment, lost income, long-term disability, emotional distress, or permanent changes to a person’s quality of life.
If a healthcare provider’s negligence caused your injury, you may be entitled to seek compensation through a medical malpractice claim. In Georgia, the damages available depend on the facts of the case, the severity of the injury, and the losses you can establish with evidence.
What Is Medical Malpractice?
Medical malpractice generally involves a healthcare professional failing to provide the level of care that a reasonably skilled healthcare provider would have provided under similar circumstances, resulting in harm to the patient.
Examples can include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to properly monitor a patient
- Anesthesia mistakes
- Failure to recognize complications
- Inadequate treatment
- Poor follow-up care
Not every unsuccessful medical outcome constitutes malpractice. A patient generally must establish that the provider’s conduct fell below the applicable standard of care and that the failure caused the claimed injury.
Economic Damages in a Georgia Medical Malpractice Case
Economic damages compensate victims for financial losses that can be documented. Depending on the circumstances, these damages may include several categories.
Medical Expenses
Medical malpractice injuries can create significant additional medical costs. Compensation may potentially cover reasonable and necessary medical expenses related to the injury, such as:
- Emergency treatment
- Hospitalization
- Surgery
- Diagnostic testing
- Prescription medications
- Rehabilitation
- Physical therapy
- Follow-up appointments
- Assistive equipment
- Future medical treatment
When an injury requires ongoing care, the potential cost of future treatment may also be an important part of the claim.
Lost Wages and Lost Income
An injury may prevent you from working temporarily or permanently. A malpractice claim may include income lost because of missed work.
If the injury affects your ability to earn money in the future, you may also have a claim for reduced future earning capacity. This can become particularly important when a serious injury prevents someone from returning to their previous occupation.
Other Financial Losses
Depending on the circumstances, additional out-of-pocket expenses may also be recoverable. These could include certain transportation costs, home modifications, or other reasonable expenses associated with treating and managing the injury.
Keeping receipts, invoices, employment records, and other documentation can help establish these financial losses.
Non-Economic Damages
Not every consequence of medical malpractice comes with a receipt. Non-economic damages address the physical and emotional effects of an injury.
Pain and Suffering
A malpractice victim may experience significant physical pain during the initial injury and throughout treatment and recovery. The severity and duration of that pain can be relevant when determining damages.
Emotional Distress
Medical negligence can also cause anxiety, depression, fear, frustration, or other emotional consequences. For example, a patient who suffers a permanent injury because of a preventable medical error may experience substantial emotional distress.
Loss of Enjoyment of Life
A serious injury can prevent someone from participating in activities they previously enjoyed. Limitations involving hobbies, exercise, travel, family activities, or everyday routines may be considered when evaluating the impact of an injury.
Permanent Disability or Disfigurement
Some medical malpractice injuries result in permanent disabilities, scarring, or disfigurement. These lasting consequences can significantly affect a person’s physical abilities, independence, employment, relationships, and quality of life.
Are Punitive Damages Available?
In certain Georgia cases, punitive damages may be available when the defendant’s conduct meets the legal standard for imposing them. Punitive damages are different from compensation for medical bills or lost income because their purpose is generally to punish particularly serious misconduct and deter similar conduct.
However, punitive damages are not automatically available in every medical malpractice case. The specific facts and applicable Georgia law must be carefully evaluated.
How Are Medical Malpractice Damages Calculated?
There is no single formula that determines the value of every Georgia medical malpractice claim.
The potential value of a case may depend on factors such as:
- The severity of the injury
- The cost of past and future medical care
- The amount of income lost
- The effect on future earning capacity
- The duration of physical pain
- Emotional and psychological consequences
- Whether the injury is permanent
- The impact on daily activities
- The strength of the evidence establishing negligence
- The extent to which the healthcare provider caused the injury
Two people who experience medical errors may therefore have very different potential claims.
What Evidence Can Support a Damages Claim?
Evidence is essential when establishing both medical negligence and the losses caused by an injury.
Potentially useful evidence may include:
- Medical records
- Hospital records
- Medical bills
- Prescription records
- Employment and wage documentation
- Expert medical opinions
- Photographs documenting injuries
- Testimony from family members or other witnesses
- Documentation of rehabilitation or ongoing treatment
- Evidence concerning future medical needs
Medical malpractice cases can involve complicated medical and legal issues. Expert testimony may be particularly important when establishing the applicable standard of care and whether the healthcare provider’s conduct caused the injury.
What Should You Do If You Suspect Medical Malpractice?
If you believe a healthcare provider’s negligence caused you harm, consider taking steps to protect your potential claim.
1. Continue Necessary Medical Treatment
Your health should remain the priority. Follow appropriate medical recommendations and seek additional treatment when necessary.
2. Keep Records of Your Losses
Maintain copies of medical bills, receipts, wage records, prescriptions, and other documentation related to the injury.
3. Request Relevant Medical Records
Your medical records may provide important information about your treatment, diagnosis, and the events surrounding the alleged error.
4. Avoid Making Assumptions About Your Claim
A bad medical outcome does not necessarily mean malpractice occurred. A medical malpractice attorney can review the circumstances and determine whether there may be a viable claim.
5. Act Promptly
Georgia law imposes deadlines on medical malpractice claims. Waiting too long can jeopardize your ability to pursue compensation, so it is important to have a potential claim evaluated promptly.
Speak With a Georgia Medical Malpractice Attorney
A medical malpractice injury can affect your health, finances, career, and quality of life. Understanding the damages that may be available is an important first step, but determining the potential value of a claim requires a careful review of the individual circumstances.
If you or a loved one has been injured because of suspected medical negligence, an experienced Atlanta medical malpractice attorney can help evaluate the facts, identify potential damages, and explain your legal options.
Adkins Law represents clients dealing with serious injuries and medical malpractice claims in Georgia. Contact the firm to discuss your situation and learn what steps may be available to protect your rights.
