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Personal Injury Law

: A Georgia Lawyer

GA: Medical Malpractice Ruled Unconstitutional

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In Atlanta, State Court Judge Diane Bessen ruled that the Georgia statute that capped medical malpractice non-economic damages (O.C.G.A. Sec. 51-13-11) violated the Georgia Constitution. Known as the Nestlehutt decision, some highlights of the Order include: "A limit or cap on noneconomic damages ... invades the right to a jury trial by usurping one of the fact-finding responsibilities of the jury... ."

Read the Order here.

Full post as published by A Georgia Lawyer on February 11, 2009 (boomark / email).

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