Economic damages in Georgia medical malpractice

Economic damages cover the money the malpractice cost: medical care, lost income, lost earning capacity, and needed services, past and future. Georgia has no general limit on them in a malpractice case. The rule changed recently for one important category. For causes of action arising on or after April 21, 2025, O.C.G.A. § 51-12-1.1 limits medical expense damages to the reasonable value of medically necessary care, and it lets a jury hear what insurance would pay.

Two regimes for medical bills

	Cause of action arose before April 21, 2025	Arose on or after April 21, 2025
Governing law	Prior law	§ 51-12-1.1, added by SB 68
Measure	Under earlier cases	"the reasonable value of medically necessary care, treatment, or services"
Insurance payment evidence	The collateral source rule applied	Both the amounts charged and "the amounts actually necessary to satisfy such charges" are relevant, "regardless of whether the health insurance has been used"

The date that matters is when the cause of action arose, under Section 9(b) of Senate Bill 68. A malpractice cause of action arises by reference to the injury, so the date of the injury has to be pinned down first, including under the misdiagnosis rule covered on the limitation page.

Section 51-12-1.1(e) abrogates the common-law rule “to the extent necessary to introduce the evidence described in this Code section”. It also covers letters of protection in (d), where the letter and related billing information “shall be relevant and discoverable”. Details are in the car accident medical expense article.

The section’s text includes “benefits under a governmental workers’ compensation program” within the insurance it describes.

Future medical care

Future care needs evidence of what is required and what it will cost. In a serious case that means a treating physician or an expert for the need, and a life care planner for the pricing, as explained in life care plans. The defense may offer its own plan. Section 51-12-1.1(f) preserves both sides’ right to challenge the reasonableness and necessity of expenses, “whether incurred or projected future expenses”.

Amounts vary from case to case, so the proof in the file matters more than any published range.

Income: what was lost and what could have been earned

Lost wages are for time actually missed, and they are shown by employer records. Lost earning capacity looks ahead, and it requires evidence of what the person could have earned and can now earn. Vocational and economic experts can address that.

The present value calculation

Under § 51-12-13(a), future damages “may” be reduced to present value “based on a discount rate of 5 percent or any other discount rate as the trier of fact may deem appropriate”. The arithmetic shows why any number needs its assumptions stated.

For example, imagine a person earning $75,000 a year with 33 working years left.

Assumption	Total
No wage growth, no discount	33 × $75,000 = $2,475,000
No wage growth, 5 percent discount	about $1,200,000
Wage growth equal to the discount rate	$2,475,000

The 5 percent line uses the annuity factor (1 − 1.05^−33) ÷ 0.05, about 16.0, multiplied by $75,000. A figure above the no-discount total requires wage growth above the discount rate, and that assumption has to be stated and supported. The example ignores benefits and taxes.

Mortality and work-life evidence

Section 24-14-45 allows certain mortality tables and says they are not exclusive. A person’s illness before the malpractice can shorten the projection, as pre-existing conditions explains.

Other items

Services the person used to perform at home, equipment, home changes, and transportation can be claimed if the evidence shows a need caused by the injury. Section 9-10-184 lists “loss of services performed by the injured or deceased person”, including “domestic and other necessary services performed without compensation”, among economic damages. Those lists are illustrative, so proof is still required.

Who gets what when someone dies

If the person dies, the categories change. Medical bills and funeral costs go through the personal representative under § 51-4-5(b), and the family’s claim is the full value of the life. Liens from health plans or Medicare can then affect the net amount, as described on medical liens and subrogation.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 24-14-45, 51-4-5, 51-12-13
• Senate Bill 68, as passed (2025): Sections 1, 7, 9(b)

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.