Georgia Court to Consider Medical Malpractice Limits

side note: Herein lies the constitutional question as to whether caps on non-economic damages are in violation of a state Constitution. There are a lot of States that have these caps in place, will other State Supreme Courts follow? Do you think these caps on non-economic damages are Constitutional? This could have a major effect on Georgia medical malpractice insurance rates.

Georgia’s top court is set to decide the fate of a 2005 law that limits pain and suffering damages awarded in medical malpractice cases.

The Georgia Supreme Court is scheduled to hear a case Tuesday weighing the merits of a $350,000 limit on jury awards for malpractice victims’ pain and suffering.

A Fulton County judge struck down the provision in February, declaring it unconstitutional. But supporters appealed the ruling, arguing that the caps don’t violate the state constitution.

The caps were at the center of a rancorous debate that dominated the 2005 legislative session.

Doctors and hospitals said the measure would help curb malpractice insurance rates. But trial lawyers said they put an arbitrary price on a victim’s life.

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