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: Day on Torts

Georgia Supreme Court Strikes Down Damages Cap in Medical Malpractice Cases

By John Day

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The Georgia Supreme Court has struck down a cap on noneconomic damages in medical malpractice cases, declaring the cap to be a violation of the right to trial by jury.   The case is Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt,  NO. SO9A1432  (Ga. March 22, 2010).  Read the opinion here.

The Court ruled that by "requiring a court to reduce a noneconomic damages award determined by a jury that exceeds the statutory limit, OCGA Sec. 51-13-1 clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function."

Full post as published by Day on Torts on March 22, 2010 (boomark / email).

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