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Oct 07, 2026
Damage caps may appear as if the Georgia medical malpractice laws still impose a $350,000 limit on these damages. That’s not technically wrong. However, since a Georgia Supreme Court ruling, the cap no longer applies. If you’re a patient considering a medical malpractice claim, understanding how damage caps in Georgia medical malpractice cases work can be important for your case. An Atlanta medical malpractice attorney can use these rules to determine how much compensation might be available after a serious injury.
Choose The Tolson Firm, LLC
Audrey Tolson of The Tolson Firm, LLC, has been practicing law in Atlanta for over 30 years. She is a Black attorney who proudly serves clients in medical malpractice and wrongful death claims throughout Atlanta and across the rest of Georgia. Ms. Tolson’s practice concentrates on serious injury, medical malpractice, and wrongful death claims.
Where Did Georgia’s $350,000 Medical Malpractice Damage Cap Come From?
Georgia passed tort reform legislation in 2005 that included O.C.G.A. § 51-13-1. As enacted, the statute would limit how much a plaintiff could recover for certain types of noneconomic damages arising from medical malpractice.
Noneconomic damages refer to compensation for losses suffered by a patient that are not billed or otherwise accounted for with a specific dollar amount. Common examples include:
- Pain and suffering
- Mental anguish
- Disfigurement
- Disability
- Loss of enjoyment of life
The statute originally applied to noneconomic damages against one or more healthcare providers in an amount no greater than $350,000. It also included separate damage limitations against medical facilities and capped all damages at an aggregate limit of $1.05 million in some situations. The statute remains on the books in Georgia, but the $350,000 cap doesn’t automatically apply to jury awards that meet the criteria.
Why Did the Georgia Supreme Court Strike Down the Cap?
In Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, the Georgia Supreme Court considered a jury award that exceeded the legal maximum. Betty Nestlehutt underwent cosmetic surgery that resulted in permanent disfigurement, one of the more severe types of cosmetic surgery errors a patient can suffer. The jury determined that the husband-and-wife team deserved about $900,000 for intangible losses, such as pain and suffering, plus an additional award for loss of consortium.
The Georgia Supreme Court ruled in 2010 that imposing the statutory cap on noneconomic damages violated the right to a jury trial under the Georgia Constitution. The court indicated that determining the appropriate amount of damages was traditionally up to the jury.
The Georgia Supreme Court reaffirmed Nestlehutt this June. In Clark v. Leigh, the court refused to permit the application of the statutory cap to pain-and-suffering damages at issue in a medical malpractice case. The court said Nestlehutt was still good law and held that applying the cap to these facts would violate the right to a jury trial.
Why Damage Caps Matter in Serious Medical Malpractice Cases
Permanent harm makes it clear that proper compensation is crucial, which is why the old $350,000 limit on non-economic damages is now invalid in Georgia. Errors in healthcare can have lasting consequences.
One recent study estimated that diagnostic errors in medicine alone are responsible for approximately 371,000 deaths and 424,000 permanent disabilities nationwide every year. That equals roughly 795,000 people who suffer serious harm from diagnostic errors annually in the U.S. Diagnostic mistakes sit near the top of the most common causes of medical malpractice, alongside surgical and medication errors.
Many people receive medical care at places like Grady Memorial Hospital near Downtown Atlanta and Piedmont Atlanta Hospital on Peachtree Road. Listing these hospitals is not meant to suggest that medical malpractice is more or less likely at either hospital. Medical malpractice claims can occur anywhere that care is provided, including hospitals, outpatient clinics, and private doctors’ offices throughout greater Atlanta.
Why You Should Hire a Medical Malpractice Lawyer
Your medical malpractice attorney can:
- Record evidence of your complete economic and noneconomic damages.
- Obtain your medical records and professional testimony.
- Project future medical and income losses.
- Present proof of your entitlement to noneconomic damages.
Additionally, an attorney can identify if punitive damages are available under the law and confirm your case meets the requirements for a medical malpractice claim in Georgia before anything is filed. They can also combat defense arguments that attempt to minimize your alleged damages.
FAQs
What Is the Maximum Amount of Punitive Damages in Georgia?
Georgia usually caps punitive damages at $250,000. There are exceptions to this general rule. Still, the $250,000 limit might not apply in some product liability claims. It may also be irrelevant in situations where the person causing the harm intentionally set out to injure someone or was impaired by substances. Certain evidentiary requirements must be met before punitive damages can be awarded.
What’s the Average Malpractice Settlement Amount?
There is no true average malpractice settlement amount. Medical malpractice settlements are based on a wide range of factors that vary for each case. Due to the uniqueness of each situation, the amount of compensation awarded can vary widely. Factors that influence a settlement amount include:
- The extent of the damages
- Their impact on the injured person’s life
- The level of negligence by the medical provider
- The amount of available evidence
Which States Have Caps for Damages in Medical Malpractice Cases?
Caps for damages vary from state to state. California, Colorado, Maryland, North Carolina, Texas, Virginia, and Wisconsin are some of the states with damage caps that affect medical malpractice recoveries. These states only cap noneconomic damages. Others use a combined cap amount, with exceptions for catastrophic injury. Georgia’s cap is generally no longer in effect.
How Long Do You Have to File a Medical Malpractice Claim in GA?
O.C.G.A. § 9-3-71 only allows an action for medical malpractice in Georgia to be brought within two years after the date of harm caused by negligence, a wrongful act, or an omission. Additionally, Georgia has a five-year statute of repose, which bars any claim from being pursued after more than five years from the underlying act or omission. There are exceptions to these limits.
The Tolson Firm, LLC, Can Help
The Tolson Firm, LLC, advocates for individuals injured by medical negligence in Atlanta and throughout Georgia. Knowing the damages you are entitled to recover under Georgia’s current medical malpractice laws is crucial for properly evaluating your claim. Hire a medical malpractice lawyer from our team to handle your case. Contact our firm today.
