Arbitration Agreement For Medical Malpractice In Georgia
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day. 2.
Most of our arbitration hearings are conducted by two experienced attorneys and one non-attorney. Like judges, arbitrators hear arguments from both sides and decide the outcome of the dispute. Arbitrators and both parties are allowed to request reasonable discovery if/when a hearing date is set.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
The current options include different types of arbitration. Some states have voluntary binding and non-binding arbitration; others have mandatory arbitration for all medical malpractice claims, while in others it is mandatory if the damage claims are under a specific amount.
For example, malpractice that leaves you with a traumatic injury would lead to more damages due to the severity. The cap in Georgia is $350,000 if only one healthcare facility is at fault. This amount increases to $700,000 if multiple facilities are involved in a single case.
In order to make a medical malpractice case worthwhile to pursue, the case should have approximately $125,000 to $150,000 in provable damages. Since only allows the recovery of compensatory damages, a patient must have a serious and permanent injury to justify proceeding with a medical malpractice case.
Since Georgia regulations do not impose a cap on the number of economic damages a claimant may receive in a medical malpractice case, this distinction between economic and non-economic damages needs to be understood to understand the outcome of your claim.
Settlement Value of Georgia Medical Malpractice Cases The median settlement payout in medical malpractice cases is $250,000 to $285,000.
