Will The Georgia Supreme Court Overturn Medical Malpractice Damage Caps?
They’re going to have the chance to do just that thanks to this trial court decision:
A Fulton County judge has struck down the cap on monetary awards in a medical malpractice case, a decision that if upheld on appeal could undercut a major component of Georgia's tort reform laws.
Superior Court Judge Marvin Arrington wrote in an order released Wednesday that the legislative cap of $350,000 for noneconomic damages such as pain and suffering was unconstitutional because it gave special protections to the medical profession. This meant people injured by doctors had less protection than those injured by, say, a manufacturer's product.