Malpractice Caps Unconstitutional
The American Justice Association reports Georgia's Malpractice caps are unconstitutional.
Georgia High Court strikes down cap on medical malpractice awards.
The Atlanta Journal-Constitution (3/23, Rankin) reports, "A unanimous Georgia Supreme Court on Monday struck down limits on jury awards in medical malpractice cases," ruling that the $350,000 cap on noneconomic damages violates the right to a jury trial guaranteed by the Georgia Constitution, as the cap "'clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function,' Chief Justice Carol Hunstein wrote for the court."
The AP (3/23, Bluestein) reports that the ruling "will likely herald a flurry of new litigation, as the court said the ruling applied retroactively to all other pending medical-malpractice cases, including those that are now in the appeals process." In the case before the court, Betsy Nestlehutt "was awarded $1.15 million in non-economic damages -- including $900,000 in pain and suffering -- by a Fulton County jury after she was permanently disfigured after a botched facelift."
The New York Times (3/23, A19, Brown) reports, "The ruling was praised by victims' rights groups and plaintiffs' lawyers and was condemned by doctors and Republican lawmakers."
The Fulton County Daily Report (3/23, Palmer) reports, "Atlanta lawyer R. Adams 'Adam' Malone of Malone Law, who represents the plaintiffs in Monday's case, expressed gratitude for the unanimous nature of the ruling."
