Savannah Car & Truck Accident Law with Andy Conn

What Your Savannah Georgia Malpractice Case Is Really Worth: The State With No Cap

Episode 6 • 35:55

Georgia is one of the only states where a jury, not a statute, decides the full value of a medical malpractice case. Andy Conn, personal injury and medical malpractice attorney at Conn Law Firm in Savannah, walks through every element that determines what a Georgia malpractice case is really worth: the Nestlehutt no-cap rule, how economic and non-economic damages are built, the fact patterns that carry the highest values, and the expert affidavit Georgia requires before you can even file. Questions answered in this episode: In plain terms, what makes a medical mistake rise to the level of malpractice in Georgia? What is the standard of care, and how is it proven a doctor fell below it? Why does Georgia stand out as a state with no cap on non-economic damages? How did the Georgia Supreme Court strike down the malpractice damages cap? What is SB 68, and how could it reshape malpractice valuation in Georgia? What are economic damages in a malpractice case, and how are they calculated? What do non-economic damages cover when there is no cap to limit them? How are future medical costs and life-care needs valued? How is lost earning capacity factored into a Georgia malpractice claim? How does the severity of the harm drive the overall case value? When a baby is harmed at birth in Savannah, how do those cases get valued? Topics covered: Nestlehutt no-cap rule, Georgia non-economic damages, SB 68 tort reform, Seventh Amendment right to jury trial, economic damages, lost earning capacity, life-care plan, future medical costs, birth injury, cerebral palsy, stroke misdiagnosis, delayed diagnosis, loss of chance doctrine, surgical error, never event, retained surgical instrument, anesthesia error, medication error, informed consent, expert affidavit filing requirement, expert qualification same-specialty rule, medical causation, statute of limitations two-year deadline, statute of repose five-year outer limit, foreign-object exception, Chatham County courts, Memorial Health University Medical Center, contingency fee. Andy Conn on why Georgia is different: "Georgians and our elected officials have decided that we don't wanna put a cap on somebody's life. We don't wanna put a cap on someone's pain and suffering." Andy Conn on causation: "Even if you know a doctor messed up, and even if you know you've been seriously injured or your loved one's killed due to that mess-up, you still have to prove a link that the thing they did caused the bad outcome." Andy Conn of Conn Law Firm represents medical malpractice victims throughout Savannah, Chatham County, and across Georgia. Georgia Super Lawyers Rising Star, ten consecutive years. Free consultation, no fee unless we win: |https://www.connlawfirm.com/ (912) 373-8642 | 119 W. Perry Street, Savannah, GA 31401 #SavannahMalpracticeAttorney #ConnLawFirm #AndyConn #GeorgiaMedicalMalpractice #Nestlehutt #ChathamCounty #SavannahPersonalInjury The information shared in this episode is for educational purposes only and is not legal advice. Every case is different. To discuss your specific situation, contact Conn Law Firm or a licensed attorney in your jurisdiction. Chapters 00:00:00 Savannah Car & Truck Accident Law w. Andy Conn 00:01:05 What Makes a Medical Mistake Rise to Malpractice in Georgia? 00:02:35 What Is the Standard of Care? How Georgia Proves a Doctor Fell Below It 00:03:45 Why Georgia Has No Cap on Non-Economic Damages: The Nestlehutt Rule 00:05:00 How Did the Georgia Supreme Court Strike Down the Malpractice Cap? 00:06:40 What Is SB 68? How Georgia's 2025 Tort Reform Affects Malpractice Valuation 00:09:00 What Are Economic Damages in a Georgia Malpractice Case? 00:10:35 Non-Economic Damages With No Cap: What a Georgia Jury Can Award 00:11:35 How Are Future Medical Costs Valued? The Life-Care Plan in Georgia Malpractice 00:14:20 How Is Lost Earning Capacity Factored Into a Georgia Malpractice Claim? 00:15:45 How Severity of Harm Drives Case Value: The Stroke Misdiagnosis Example 00:17:35 Birth Injury in Savannah: How Cerebral Palsy and Delivery-Room Cases Get Valued 00:19:20 How a Missed or Delayed Diagnosis Becomes a Georgia Malpractice Case 00:21:10 Surgical Error and Never Events: Who Is Responsible in a Georgia OR? 00:23:15 Can a Medication or Anesthesia Error Support a Malpractice Claim in Georgia? 00:24:10 When Does Lack of Informed Consent Create a Separate Claim in Georgia? 00:25:05 How a Medical Expert Proves Breach and Causation in a Georgia Malpractice Case 00:27:20 Medical Causation: Why It Is the Hardest Element to Prove in Georgia 00:28:20 The Expert Affidavit Requirement: What Georgia Requires Before You Can File 00:30:30 How Long to File a Georgia Malpractice Claim: The Two-Year Deadline and Repose Rule 00:31:35 First Step for a Savannah Family That Suspects Malpractice 00:33:50 Closing: One Piece of Advice for Anyone Watching in Georgia 00:35:15 Contact Conn Law Firm for a Free Consultation