Published on:

Georgia Statute Limits Child’s Financial Recovery in Medical Malpractice Lawsuits

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

medical%20malpractice%20operation%20surgery%20scapel%20and%20blades.jpg

In 2005, the Georgia General Assembly severely limited an injured child’s, as well as injured adults, right of recovery in medical malpractice actions. With the passage of the Tort Reform Bill, the Georgia legislature limited recovery for pain and suffering to $350,000.00 against a health care provider such as a doctor or a hospital. In the event that more than one entity is named in a medical malpractice action, the child can recover $350,000.00 from each named defendant but can never recover more than $1,050,000.00.

While no recovery limit was placed on “economic damages” (damages for medical expenses and lost income), this limit on “noneconomic damages” will often leave a child without an adequate remedy for pain and suffering that could last for a lifetime as a result of medical malpractice that occurred when the child was quite young. There has been no appellate decision yet in Georgia affirming or overturning this statute. To read this statute see Official Website for the Georgia Leglislature.