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Archive for February, 2012

Medical Malpractice Damage Award Cap Laws in Georgia

Wednesday, February 22nd, 2012

In recent years, many states across the country have implemented tort reform initiatives which cap the noneconomic damages recoverable in medical malpractice cases. The theory behind these measures is that by capping noneconomic damages such as pain and suffering, it will reduce the malpractice insurance premiums paid by doctors and as a result, lower healthcare costs.

In 2005, Georgia passed a tort reform law capping noneconomic damages in medical malpractice cases at $350,000. However, the Georgia Supreme Court chose to overturn this statute in 2010, declaring that it was unconstitutional.

The ruling by the state Supreme Court came in an appeal of the verdict awarded to Betty Nestlehutt, a 75-year-old medical malpractice victim. A botched facelift left Ms. Nestlehutt permanently disfigured. Her case went to trial, and the jury awarded her $1.265 million. Of this, $115,000 was awarded for economic damages such as past and future medical expenses, and the remaining $1.15 million was awarded to cover noneconomic damages such as pain and suffering.

The doctors found guilty of medical malpractice in this case appealed the damage award to the state Supreme Court, claiming it violated the 2005 tort reform laws capping noneconomic damages at $350,000. However, the Georgia Supreme Court found that this medical malpractice damage cap was unconstitutional, violating the victim’s right to having a jury of her peers determine the appropriate value of compensation.

This is a very important ruling that impacts all Georgia medical malpractice victims moving forward. It is a significant victory in plaintiff’s rights and as a result, there are no longer any caps on the amount of damages you can receive in a medical malpractice case.

With more than 30 years of experience handling these complex cases, Atlanta medical malpractice attorney Laurie Robbins has the skills necessary to help you maximize your compensation. She will fight aggressively to make sure your damage award reflects the true value of your claim.

Please contact us today to schedule your free initial consultation. Robbins & Associates serves clients in Atlanta, Georgia.

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Types of Medical Malpractice Cases

Thursday, February 16th, 2012

Medical malpractice occurs when a medical professional delivers negligent care that results in an injury to the patient. There are many different types of medical malpractice cases which can be filed against doctors, nurses, hospitals, and other medical professionals. Some of the most common include:

Anesthesia errors – Anesthesia is an important part of many medical procedures, but when administered improperly, the results can be catastrophic. Anesthesiologists must monitor you throughout the procedure to make sure you do not experience any adverse reactions to the anesthesia. Failure to do so can result in medical malpractice.
Birth injuries – Sadly, medical errors during delivery result in birth injuries more often than we would like to think. Common birth injuries caused by medical malpractice include cerebral palsy and Erb’s palsy.
Failure to diagnose cancer – Early diagnosis of cancer is critical to your chances of a successful recovery. When a doctor fails to diagnose your cancer accurately or in a timely manner, you may be entitled to receive compensation for any additional damages suffered as a result of this delayed diagnosis.
Medication errors – Common examples of medication errors include the wrong medication being prescribed, the wrong dosage being prescribed, failure to foresee potential complications, and illegible prescriptions.
Emergency room errors – Emergency rooms are fast paced environments that often deal with life-or-death situations. When emergency room errors occur, the results can be catastrophic for the victim.
Surgical errors – All surgical procedures are associated with certain risks. However, when a surgical error during any phase of the procedure results in an injury, you may be entitled to receive compensation for your damages. Examples include operating on the wrong site, leaving a surgical instrument inside the patient, or operating on the wrong patient.

If you have suffered an injury caused by medical malpractice, you may be entitled to receive compensation for your damages. With more than 30 years of experience handling these complex cases, Atlanta medical malpractice lawyer Laurie Robbins has the skills to make sure your rights are protected and the negligent medical professional is held accountable for your injuries.

Please contact Robbins & Associates today to schedule your free initial consultation. We serve clients in Atlanta, Georgia.

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