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Anatomy of a Medical Malpractice Claim

Punitive Damages in Georgia Medical Malpractice Cases

Georgia courts may award punitive damages in medical malpractice cases where the actions of the defendant were so outrageous that the court feels the defendant deserves punishment. For example, if a surgeon was intoxicated while operating on a patient, and, as a result, botched the procedure and injured the patient, a court might feel punitive damages are warranted. At Katz Wright Fleming Dodson & Mildenhall, LLC, we help medical malpractice victims obtain punitive damages when appropriate. Our attorneys understand when these extra damages may be available, and we are not afraid to go after them when they are.

Georgia Medical Malpractice & Punitive Damage Laws

In GA, punitive damages are allowed in medical malpractice cases (and other personal injury cases for that matter) only when it is proven by clear and convincing evidence that a defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences. While there are no caps on compensatory damages (for financial losses) and non-economic damages (for pain and suffering) for medical malpractice in Georgia, there is a cap on punitive damages. Except in cases of intentional harm, or those involving the use of drugs or alcohol, punitive damages are limited to $250,000.

Damages in medical malpractice cases are controversial. In fact, the Georgia legislature tried to cap non-economic damages (like pain and suffering) in 2005, but the Georgia Supreme Court found the law to be unconstitutional. The cap on punitive damages stands at $250,000, generally based on the view that punitive damages have little relation to the extent of the victim’s injury. As advocates for medical malpractice victims, we believe health care professionals who consciously put patients in danger should be punished, regardless of the level of harm they cause, and we will work to win every cent available to victims, cap or no cap, controversial or not.

While the facts of some medical malpractice cases are such that the requirements for punitive damages can be shown, many attorneys who are not familiar with the special rules and laws specific to medical malpractice cases may not be able to properly assert such claims. Accordingly, if you think your medical malpractice situation warrants punitive damages, you do need an exceptionally skilled and experienced Atlanta medical malpractice lawyer. We offer the representation you require at Katz Wright Fleming Dodson & Mildenhall, LLC and are committed to obtaining a just and fair result for each client who trusts us with their case.

Talk to an Experienced Atlanta Medical Malpractice Lawyer about Damages available in Your Case Today

If you or a loved one has been harmed by medical malpractice in the Atlanta area, please schedule a free initial consultation with a member of the KWFDM team by calling 404-460-0101 or 888-426-2100. We will work tirelessly to see you receive maximum compensation for your injuries, including punitive damages when you have been the victim of outrageous, willful, or egregious behavior.

Client Reviews
★★★★★
I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
★★★★★
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
★★★★★
I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
★★★★★
After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
★★★★★
I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
★★★★★
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
★★★★★
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
★★★★★
I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
★★★★★
We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
★★★★★
Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
★★★★★
I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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