Monday, March 22, 2010

Georgia Supreme Court strikes down medical malpractice limits

As reported in the Atlanta Journal-Constitution, the Georgia Supreme Court today unanimously struck down the $350,000 limit on non-economic damages in medical malpractice actions. Under the law, enacted in 2005, individuals were limited to this amount regardless of the severity of the injury resulting from medical malpractice.

Writing for the court, Chief Justice Carol Hunstein held that the limit "clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function," adding that "[t]he very existence of the caps, in any amount, is violative of the right to trial by jury."

Turkheimer & Hadden applauds this decision and its reaffirmation of the right to civil justice in Georgia.

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