When a person suffers harm due to medical negligence, they can pursue compensation through a civil lawsuit. Most of the time, the damages available are intended to make the injured person whole again. These are called compensatory damages.
However, in certain cases involving extreme misconduct, Georgia law allows injured patients to seek an additional form of damages known as punitive damages. Unlike other types of compensation, punitive damages are not meant to reimburse losses. Instead, they serve to punish the defendant and deter others from engaging in similar behavior.
Learn more about how punitive damages work in a Georgia medical malpractice case below. If you’re ready to get started with your claim, reach out to an attorney today to schedule a free consultation.
What Is the Purpose of Punitive Damages?
There are two primary purposes of punitive damages: punishment and deterrence.
In ordinary negligence cases, a doctor might make a mistake (such as misreading a chart) that leads to patient harm. While this can justify compensatory damages, it does not necessarily warrant punishment.
Punitive damages are reserved for conduct that goes beyond mere negligence.
The law uses these damages to:
- Punish healthcare providers who act with willful disregard for patient safety
- Deter the same provider and others in the medical field from repeating similar conduct
- Send a broader message that egregious misconduct will not be tolerated
For example, a hospital that knowingly employs a surgeon with a suspended medical license might be subject to punitive damages if their actions cause serious injury or wrongful death.
Georgia’s Legal Standard for Punitive Damages
Under O.C.G.A. § 51-12-5.1, punitive damages in Georgia may only be awarded when the defendant’s conduct shows:
- Willful misconduct;
- Malice;
- Fraud;
- Wantonness;
- Oppression; or
- A conscious indifference to the consequences
This means the healthcare provider must have acted with a reckless disregard for the safety and well-being of the patient, not just ordinary carelessness.
Importantly, Georgia law sets a high evidentiary bar for these cases. The plaintiff must prove entitlement to punitive damages by “clear and convincing evidence.” This is a stronger standard than the “preponderance of the evidence” required for most civil claims.
Punitive Damages in Georgia Medical Malpractice Cases
In medical malpractice cases, punitive damages are rare, but they are possible in some circumstances. Since most healthcare mistakes are unintentional, courts generally find that compensatory damages are sufficient.
That said, certain egregious situations may meet the threshold for punitive damages, including:
- A surgeon performing an operation while under the influence of an improper substance
- A hospital covering up a serious medical error instead of informing the patient
- A doctor deliberately falsifying test results to protect their professional reputation
- Repeated, preventable mistakes by a medical professional with prior disciplinary actions
- Intentional mistreatment or abandonment of a patient despite known medical risks
These cases involve extensive investigation and expert testimony as well. It should also be noted that your case must generally go all the way to trial for punitive damages to be awarded.
Are There Any Legal Limits on Punitive Damages in Georgia?
Georgia law places limits on punitive damages in most civil cases. Punitive damages are capped at $250,000 except in a few specific situations.
There are no caps when the defendant:
- Acted with the specific intent to cause harm; or
- Was under the influence of alcohol or drugs when the injury occurred
Understanding when these exceptions apply can be critical to the value of your case, making it important to speak with an experienced Georgia attorney about whether punitive damages may exceed the standard cap.
How Punitive Damages Differ From Compensatory Damages
To understand punitive damages fully, it helps to distinguish them from compensatory damages.
Economic damages and non-economic damages are designed to cover the victim’s losses, such as:
- Hospital and medical bills
- Lost wages and diminished earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive damages, on the other hand, are unrelated to the patient’s specific financial or emotional harm. They are focused solely on the defendant’s behavior and are awarded only when that behavior is proven to be extreme.
Contact an Atlanta Medical Malpractice Lawyer for Legal Help
If you’ve been injured by a healthcare provider’s extreme misconduct, you may be entitled to punitive damages under Georgia law. These damages serve not only to hold negligent professionals accountable but also to protect future patients from harm.
Contact an experienced Atlanta medical malpractice attorney at The Moses Firm: Medical Malpractice Lawyers today at (404) 721-1050 to schedule a free consultation. Most lawyers in this area of the law work on a contingency fee basis, which means that they only get paid if they win compensation for you.