Personal Injury Law

Ga. Supreme Court Ruling Eliminates State Cap on Awards

By LaBovick Law

In a unanimous decision, the Georgia Supreme Court voted to strike down the state's cap on medical malpractice awards. The decision by Georgia's top court bars the state legislature from limiting the amount of money juries can award to malpractice victims, and effectively eliminates a 2005 state tort reform law that capped jury malpractice awards at $350,000 for pain and suffering.

In its ruling, the Georgia Supreme Court found that predetermined award amounts in instances of medical malpractice are in violation of the state constitution. 'The [trial] court held that the statute violates the Georgia Constitution by encroaching on the right to a jury trial, the governmental separation of powers, and the right to equal protection,' Chief Justice Hunstein stated in the Court's ruling.  'Based on our review of the record and the applicable law, we find that the noneconomic damages caps in OCGA § 51-13-1 violate the constitutional right to trial by jury.'

The high court's decision pertained to the case Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al. In its decision, the court ruled to uphold a jury award of $1.265 million to 75-year-old Betty Nestlehutt, who, in 2006, had a face-lift operation that left her permanently disfigured. The Atlanta Journal-Constitution reports that after the surgery, Nestlehutt's face was 'covered with gaping wounds that required prolonged, excruciating treatments to keep them from becoming infected.' The state Supreme Court's ruling prohibits any appeal by the defense.

State high court overturns state's tort reform - Atlanta Journal-Constitution Article about the ruling

Ruling Strikes Down Georgia's Cap on Malpractice Awards – New York Times article on the Ga. Supreme Court ruling

Doctors, Lawyers Square Off on Damages Ruling – 11 Alive Atlanta, Ga. NBC article related to medical malpractice caps in Georgia

Full post as published by LaBovick Injury Law Blog on April 13, 2010 (boomark / email).