Georgia Supreme Court Preserves Medical Malpractice Verdicts and Blocks Noneconomic Damages Cap

Ruling by the Georgia Supreme Court Reaffirms the Power of Juries

ATLANTA, GEORGIA (June 23, 2026) – The Georgia Supreme Court has issued two rulings related to medical malpractice and wrongful death that will help shape the legal landscape for civil claims.

In the two cases, the court decided to preserve two awards that arose from medical malpractice claims. The verdicts in the two cases were for $33 million and $42 million.

One of the central legal issues in both those cases was whether or not George’s law requiring a statutory cap on non-economic damages for medical malpractice could be used to reduce the jury award. That medical malpractice cap stands at just $350,000.

The court ultimately held that the constitutional right to trial by jury in Georgia protects noneconomic damages from being capped. This ruling follows another ruling by the court in Atlanta Oculoplastic Surgery v. Nestlehutt.

In that case, the court also held that statutory limits for non-economic damages related to medical malpractice cases violate the constitutional rights of Georgians. The court reasoned that the statute cannot be applied because it lumps the cap for economic damages with those for noneconomic damages.

How Pain and Suffering Affect Damages in Georgia Civil Cases 

In a personal injury case, plaintiffs will typically recover two types of damages—economic and noneconomic damages. Economic damages relate to all of the ways that an accident has directly harmed a person’s finances. This includes costs related to medical treatment as well as lost wages related to being away from work after an accident. Non-economic damages relate to all of the intangible injuries that a person can suffer after an accident, including physical pain and suffering and emotional suffering.

Noneconomic damages can be incredibly important for medical malpractice cases where the plaintiff is seriously injured or killed. Victims may suffer from losing the love and support of a spouse or other family member. They may also have to contend with giving up their hobbies or other activities that brought a great deal of joy to their lives. This is why juries matter a great deal. They can take into consideration the totality of harm a plaintiff has suffered.

How the Georgia Supreme Court Rulings May Affect Other Medical Malpractice Claims

The rulings by the Supreme Court will likely have a major role in Georgia medical malpractice and wrongful death cases going forward. Among other things, the court has made it clear defendants cannot simply use the state’s $350,000 non-economic damages to reduce any jury award. This is incredibly important because many of the damages suffered in medical malpractice claims extend far beyond any hospital bills. What follows are just a few of the ways that Georgia medical malpractice claims could be affected.

• The rulings limit a defendant’s ability to reduce awards issued after a jury trial.
• The ruling protects a plaintiff’s right to non-economic damages that are related to a person’s constitutional right to a jury trial.
• The rulings reinforce how important it is to present substantial evidence of pain and suffering in a jury trial.
• The rulings help families argue the full impact of the medical malpractice they suffer should be taken into consideration and heard by a jury.

Despite the rulings, this does not mean that all medical malpractice cases will result in a large jury verdict. There are substantial questions that remain related to George’s cap on damages in medical malpractice cases. One thing that the ruling makes very clear is that it is important to have a skilled medical malpractice attorney in these cases. An attorney can help victims recover for all of the ways—both economic and noneconomic—that they have been harmed.

Getting Legal Help After Medical Malpractice in Georgia

We at Butler Kahn were very pleased to hear the Supreme Court ruled to uphold the constitutional rights of all Georgians. As medical malpractice attorneys in Atlanta, we understand the tremendous pain and suffering that accident victims suffer. These victims deserve to be fairly compensated for all of the life-changing consequences that medical malpractice can impose on their lives.

Have you or a loved one been harmed by medical malpractice in Georgia? You may be entitled to significant financial compensation. Our team of medical malpractice attorneys is here to help you. We are committed to helping victims get the most compensation possible so that they can move forward with their lives. Whether you just have legal questions or are wondering how an attorney might be able to help with your specific situation, we are here for you. You can reach out to us anytime at 678-940-1444.

Jeb Butler

Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn