Legal Question in Medical Malpractice in Georgia

Medial Malpractice Damages

How are damages determined in medical malpractice cases? My husband froze sperm prior to undergoing chemotherapy threatment. He froze seven vials as instructed by our fertility specialist. The frozen sperm were accidentially ''thawed'' and we are now unable to conceive a biological child. How do you place a value on that?


Asked on 12/02/02, 2:52 pm

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Medial Malpractice Damages

Your case is more likely one of negligence. Without more information, it would be impossible to put an amount to a potential claim. Questions would have to be answered such as: Who was responsible for the storage of the frozen sperm? What caused the frozen sperm to thaw? Is your husband now incapable of producing sperm? If so, is his condition permanent? Depending on the answers to these and other questions, one should then be able to assess your claim and the potential for monetary recovery. I recommend you consult with an attorney, and in this regard you should expect to be able to do so without incuring a fee. If the case has merit, you should hire an attorney to represent you on a contingency fee basis. Please call 770-607-5300 if you wish to discuss this matter.

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Answered on 12/02/02, 4:13 pm
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Medial Malpractice Damages

The value on what is known as general damages is "the enlightened conscious of impartial jurors." That means there is no mathematical formula. It is just what a jury decides based upon the facts of any particular case. It is decided from the standpoint of what it means to you, not to the jurors. Lawyers can look at similar cases to find out a good settlement value. Our firm does medical malpractice cases, and we would be happy to talk to you about yours. Let me know if I can be of assistance.

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Answered on 12/02/02, 4:28 pm


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