Georgia Supreme Court considers constitutionality of damage caps in medical malpractice cases
In 2005, Georgia passed sweeping tort reform laws including capping non-economic damage awards in medical malpractice cases. The Supreme Court of Georgia will now address the issue of whether such a cap is constitutional.
The Atlanta Journal Constitution has the story.
Georgia capped non-economic damages, which includes pain and suffering, at $350,000 in medical malpractice cases. The imposition of caps in medical cases was largely due to the influence of healthcare and insurance companies. But that may soon change. In a case now pending before Georgia’s high court, a woman by the name of Betty Nestlehutt received a facelift which led to open wounds and permanent disfigurement weeks after her procedure. She sued Atlanta Oculoplastic Surgery for medical expenses and non-economic damages to recover for her injuries. The jury sided with her and awarded her $1.15 million including $900,000 for her pain and suffering.
That $900,000 award Betty received should have been reduced to $350,000, but Fulton State Court Judge Diane Bessen ruled that the cap was unconstitutional. Judge Bessen wrote that the $350,000 cap violates a plaintiff’s constitutional right to a trial by jury, separation of powers and equal protection.
A lawyer for the medical practice argued that the tort reform was passed in 2005 to prevent doctors from leaving the state due to high premiums. Nestlehutt’s lawyer argued that the law favors doctors who do the most harm while punishing patients. The Supreme Court of Georgia will now decide whether to uphold Judge Bessen’s ruling.
Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.
