OCGA 51-13-1 applies to medical negligence cases that arise on or after February 16, 2005. It places limits on non-economic damages. In case against health care providers noneconomic damages are limited to $350,000 regardless the number providers and even if the jury’s verdict for noneconomic loss specifically exceeds the cap. A 350,000 cap also applies to actions against health care facilities. With respect to health care facilities a Applies to each facility but for 2 or more facilities the cap Cannot exceed 700,000. The facility Encompasses all providers for which vicarious liability applies. Thus the provider and facility must be independent to have a $700,000 cap, otherwise the single facility Will apply. For example, in a case against multiple independent providers, a single $350,000 Will apply regardless of the number of negligent providers. In a case against a physician or hospital for the Hospital alleged to be vicarious liable, a single $350,000 Applies. When the hospital and the doctor independently negligent the facility or provider Both apply, and a total of $700,000 Will apply. Noneconomic damages means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future:
medical expenses, including rehabilitation and therapy. Wages or earnings capacity, income. Funeral and burial expenses.
Based on the statutory language to Applies to all cases, including wrongful death and catastrophic injury cases. The Treats derivative claims as one claim and limits the combined claims. Thus a husband and wife would be considered one claimant when bringing a loss of consortium claim.Contact an Atlanta lawyer today for help with your case.