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Georgia Supreme Court strikes down medical malpractice limits

Posted by John Hadden | Mar 22, 2010 | 0 Comments

As reported in the Atlanta Journal-Constitution, the Georgia Supreme Court today unanimously struck down the $350,000 limit on non-economic damages in medical malpractice actions. Under the law, enacted in 2005, individuals were limited to this amount regardless of the severity of the injury resulting from medical malpractice. 

Writing for the court, Chief Justice Carol Hunstein held that the limit "clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function," adding that "[t]he very existence of the caps, in any amount, is violative of the right to trial by jury."
 

About the Author

John Hadden

John D. Hadden is the owner and founder of the Hadden Law Firm. An experienced trial and appellate lawyer, he is author of three respected treatises on Georgia litigation practice: Greens Georgia Law of Evidence, Georgia Law of Torts - Trial Preparation and Practice, and Georgia Magistrate Court...

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