Average Georgia Medical Malpractice Settlement

• Oct.04.2024
• Blog

Did you suffer injuries due to a medical professional’s negligence? You need a Georgia medical malpractice lawyer who will get you the amount you deserve. Call now for a free consultation: (706) 354-4000

Medical errors are reportedly the third-leading cause of death in the United States, behind only heart disease and cancer. In Georgia, medical malpractice cases are common. Since 2004, there have been 524 medical malpractice cases filed in the State of Georgia.

Sadly, medical malpractice incidents account for an estimated 250,000 to 440,000 deaths each year in the U.S. The true number is unknown because doctors, funeral directors, and medical examiners rarely report medical malpractice as a cause of death on a death certificate, yet the Centers for Disease Control and Prevention uses death certificates to post nationwide statistics.

If you believe you have a Georgia medical malpractice case, please call (706) 354-4000 or send us an online message today for a free consultation.

The attorneys at Blasingame, Burch, Garrard & Ashley, P.C. have helped many victims recover awards larger than the average medical malpractice settlement in Georgia and they are ready to fight for you next.

Elements of a Medical Malpractice Claim

Medical malpractice claims are complex, but most cases include the following four elements.

To win a case, the patient must prove each of the following elements by the “preponderance of the evidence” standard. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the court that there is a greater than a 50% chance that the claim is true.

The four elements are:

• The defendant owed a professional duty of care to the patient
• The defendant breached their duty of care
• The patient suffered harm
• The harm the patient suffered was directly caused by the defendant’s breach of their duty of care

The defendant’s willingness to settle a claim typically depends on the likelihood that they will lose at trial if they don’t agree to settle. The weaker the evidence, the lower the defendant’s settlement offer is likely to be—until at some point the defendant may refuse to negotiate at all.

Evidence of Medical Malpractice in Georgia

Admissible evidence matters as much in settlement negotiations as it does in court.

The following are some common examples of evidence used in medical malpractice claims:

• Medical records
• Eyewitness testimony
• The defendant’s testimony
• The patient’s testimony
• Medical expert testimony
• Healthcare policies and regulations
• Video evidence

Many other forms of evidence may be relevant in your case, depending on the circumstances.

Common Examples of Medical Malpractice

Some of the most common forms of medical malpractice include, but are not limited to:

• Failure to diagnose a dangerous medical condition
• Late diagnosis of a dangerous condition
• Failure to order lab tests when appropriate
• Failure to take a patient’s medical history
• Unnecessary surgery
• Surgery on the wrong body part or other surgical negligence
• Prescribing the wrong medication
• Disregard of a patient’s symptoms
• Improper administration of anesthesia during surgery

Experts may disagree on whether a specific act or omission constitutes medical malpractice, so having an experienced attorney on your side who understands the complex laws regarding medical malpractice is important.

How Much Are Medical Malpractice Settlements Worth?

So, how much is the average medical malpractice settlement? There isn’t an average medical malpractice settlement in Georgia. You will need to consult an attorney and provide them with the details of your case to get a useful estimate of the value of your claim. 

While you wait to speak with a lawyer, here are some of our medical malpractice lawsuit payouts:

• $10,850,000—Patient death due to respiratory arrest during surgery
• $9,000,000—Significant neurological injury to a child during post-surgical care
• $5,500,000—Brain damage caused by inadequate blood flow during surgery
• $4,000,000—Quadriplegia resulting from a failure to diagnose a spinal epidural abscess 
• $3,250,000—Failure to anticoagulate a patient with a mechanical heart valve during surgery

Our attorneys have the resources to work closely with doctors, specialists, life care planners, and other medical experts. With this information, we can better determine the value of your case and provide you with a more accurate estimate. If you think you have a medical malpractice case, contact us today for a free case evaluation.

You can call us at 706-354-4000 or use our contact form to tell us more about your potential case.

Elements of Medical Malpractice Damages

A patient harmed by medical malpractice might seek the following damages:

• Medical expenses, including estimated future expenses
• Lost earnings, including estimated lost earning capacity
• Other tangible, easy-to-calculate expenses, such as childcare expenses
• Pain and suffering
• Emotional distress
• Punitive damages (awarded only when the defendant’s conduct was particularly outrageous)

Wrongful Death Arising from Medical Malpractice

When someone dies due to a medical professional’s negligent practices, filing a wrongful death lawsuit is the best course of action.

Under Georgia’s wrongful death statute, only close relatives of the deceased patient, or the executor of the deceased patient’s probate estate, may file a wrongful death claim. 

Wrongful Death Damages in Medical Malpractice Claims

Potential wrongful death damages in a medical malpractice claim may include:

• Lost earnings that the victim might reasonably have earned had they lived
• Lost care, companionship, counsel, and advice
• Medical expenses arising from the victim’s last illness or injury
• Funeral and burial expenses

Other losses might also qualify for compensation. Compensation goes to surviving relatives and the victim’s probate estate. Overall, wrongful death damages typically amount to a sum that is comparable to the amount the patient could have won in a medical malpractice lawsuit had they lived.

Medical Malpractice Lawsuit Process

The Georgia medical malpractice lawsuit process can be complex and time consuming, but understanding the steps involved can help you feel more prepared and confident as you seek justice. 

Here’s a general overview of the process:

• Initial consultation. The first step is to consult with an experienced medical malpractice attorney. During this free consultation, you’ll discuss your situation, and we will assess whether you have a valid case.
• Investigation. If the attorney believes you have a case, they will initiate a thorough investigation, which may involve gathering medical records, consulting with medical experts, and reviewing relevant laws and regulations.
• Filing a complaint. If the investigation supports your claim, your attorney will file a formal complaint against the healthcare provider or institution responsible for your injuries. This complaint will detail the allegations of negligence and the damages you are seeking.
• Discovery. The discovery phase involves both parties exchanging information relevant to the case. This may include depositions, interrogatories, and requests for the production of documents.
• Settlement negotiations. Most medical malpractice cases are resolved through settlement negotiations before going to trial. Your attorney will negotiate with the opposing party (usually the healthcare provider’s insurance company) to reach a fair settlement agreement.
• Trial. If the parties cannot reach a settlement, the case will proceed to trial. During the trial, both sides will present their evidence and arguments to a judge or jury, who will then decide the outcome of the case.

It’s important to remember that this is just a general overview, and the specific steps in your case may vary depending on the circumstances. However, by understanding the general process, you can be better prepared to navigate the legal system and pursue justice for your injuries.

If you believe you’ve been a victim of medical malpractice, don’t hesitate to contact Blasingame, Burch, Garrard & Ashley, P.C. We have the experience and resources to guide you through the entire process and fight for the compensation you deserve.

Why Do Defendants Settle Cases?

Even after a plaintiff files a medical malpractice lawsuit, many times the claim is settled before ever going to trial.

Defendants often choose to settle medical malpractice cases for several reasons. First, settlements avoid the uncertainty and risk of a trial, where a jury could award the plaintiff a much larger sum.

Second, settlements are typically confidential, protecting the defendant’s reputation from negative publicity. Finally, settling a case can be more cost-effective than proceeding to trial, as litigation can be expensive and time-consuming.

When insurance companies add all these factors to their medical malpractice settlement calculator, settling a claim becomes the safest choice.

The Advantages of Filing a Medical Malpractice Lawsuit During Settlement Negotiations

There are two main advantages of filing a medical malpractice lawsuit during settlement negotiations.

• Demonstration of your resolve: Healthcare providers do not want the media coverage of a public medical malpractice trial.
• Initiation of the discovery process: “Discovery” is a court-enforced process of gathering evidence, including sworn testimony and documentation, that is in the defendant’s possession.

Filing a lawsuit could prompt the defendant to raise their settlement offer to an acceptable level. If not, we will represent you at trial. In many cases, however, no trial is necessary. 

You Don’t Need a Dime in Your Pocket to Hire Us

We charge you nothing upfront, and we will not charge you anything, ever, unless we recover money for you in your case — either in court or at the settlement table.

It’s the quality of your medical malpractice claim that matters to us, not the size of your bank account. Our fees come out of your compensation as a pre-agreed percentage, so it is essentially the opposing party who pays your legal bills.

Frequently Asked Questions

We understand that medical malpractice cases can be confusing and overwhelming. We’ve compiled some of the most frequently asked questions to help you better understand your rights and options.

If you have further questions about medical malpractice settlement amounts or the process for compensation, don’t hesitate to contact our firm at 706-354-4000 for a free consultation.

The Insurance Company Representing the Healthcare Provider Contacted Me and Offered a Settlement. Should I Accept It?

It’s crucial to consult with an experienced medical malpractice attorney before accepting any settlement offer from an insurance company. While the offer may seem tempting, especially if you’re facing financial hardship, it’s important to understand that insurance companies often try to settle for less than the full value of your claim.

Far too often, victims accept these lowball medical negligence settlement amounts and then lose their right to seek more compensation in court.

That’s why it’s crucial to speak with Blasingame, Burch, Garrard & Ashley, P.C. An attorney can evaluate the offer, assess the extent of your damages, and negotiate with the insurance company to secure a fair settlement that reflects your losses and needs.

Is There a Deadline to File a Medical Malpractice Lawsuit In Georgia? 

Georgia has a two-year statute of limitations for most medical malpractice claims. This means you have two years from the date you discovered, or should have discovered, your injury to file a lawsuit. Acting quickly is essential, as missing this deadline could bar you from seeking compensation.

How Long Will It Take to Settle My Medical Malpractice Claim?

The timeline for settling a medical malpractice case can vary widely. Factors such as the complexity of your case, the willingness of both parties to negotiate, and whether the case goes to trial can all influence the duration. Some cases settle within months, while others can take years.

We’re Ready to Help You with Your Case

Georgia medical malpractice settlements can be difficult to negotiate. That’s OK, because we pride ourselves on innovative and aggressive advocacy, and our successful track record speaks for itself. Our extensive experience and knowledge of medical malpractice laws provide us with the resources we need to maximize your medical malpractice payout. 

Call Blasingame, Burch, Garrard & Ashley, P.C. at (706) 354-4000 or contact us online for a free consultation. We have offices in Athens and Lake Oconee, and we take cases across Georgia and the U.S.

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