Insurance companies have pressured a number of states to impose limits on “non-economic” damages a plaintiff may recover in a medical malpractice or wrongful death lawsuit. Non-economic damages include losses to individuals, such as pain and suffering, mental anguish and loss of one’s ability to enjoy life. The insurance industry…
In personal injury or other tort cases, punitive damages are designed not to compensate the victim, but to “penalize, punish or deter” the wrongdoer. Georgia’s punitive damages law requires a plaintiff prove the defendant’s “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care that would raise the…
Under Georgia law, a hospital emergency room is not liable for medical malpractice unless there is “clear and convincing evidence that the physician or health care provider’s actions showed gross negligence.” The Georgia Supreme Court recently opined on the scope of what may constitute “gross negligence.” The justices, concurring with…
A federal judge in Atlanta recently granted summary judgment to the defendant in a personal injury lawsuit. The case is notable because the judge never reached the merits of the plaintiff’s arguments, but rather dismissed the case because she lacked standing to bring the suit in the first place. The…
“Slip and fall” cases are among the most common types of personal injury lawsuits brought against retailers. It’s no surprise then that Wal-Mart, the nation’s largest retailer, is currently facing at least two such lawsuits in Georgia alone. Recently, separate federal courts denied Wal-Mart’s motions for summary judgment, finding in…
Hospital liens are a legal device used to ensure medical providers receive payment for services rendered to accident victims. The lien is applied against the proceeds of any personal injury claim made by the victim. Georgia law regulates the enforcement of such medical liens. Recently, the Georgia Supreme Court issued…
Dealing with insurance companies is one of the many unpleasant consequences of a motor vehicle accident. Insurers often look to dispose of claims quickly. And while that may also be in the victim’s interest, it’s important not to get railroaded by an overzealous insurer. A recent decision by the Georgia…
Golf is not supposed to be a contact sport. But when a fight broke out between two golfing groups at a Georgia club, litigation followed, and a federal appeals court had to settle at least one issue.. The court found the man who instigated the brawl could not turn to…
Ordinary negligence and medical malpractice are not the same thing under Georgia law. A key difference between the two is the requirements for filing a lawsuit. In a malpractice case, the plaintiff must attach an affidavit “of an expert competent to testify” as to at least one specific negligent act…
The Federal Tort Claims Act (FTCA) allows individuals to sue the United States Government for certain torts committed by its employees. In this sense, the FTCA waives the traditional “sovereign immunity” that the government enjoys from civil lawsuits. Although federal courts have jurisdiction over complaints brought under the FTCA, cases…