ATLANTA - Georgia's top court has overturned a state law that set a $350,000 limit on jury awards for malpractice victims' pain and suffering and other non-economic damages.
The Georgia Supreme Court's ruling, decided today by a 7-0 vote, overturns the cornerstone of a sweeping 2005 law that also set tougher standards for expert witnesses in malpractice trials and gave new incentives for patients to settle out of court.
Doctors and hospitals contended the measures would curb malpractice insurance rates and discourage parties from making frivolous claims. Trial lawyers and patient advocacy groups say limiting damage awards is unconstitutional because it puts an arbitrary price on a victim's life.
The court upheld a Fulton County judge's ruling and said the law violates the right to a trial by jury.
The fact that the 2005 law permits full recovery of noneconomic damages "up to the significant amount of $350,000 cannot save the statute from constitutional attack," the opinion says.
The ruling centers on the case involving Betsy Nestlehutt, who was left permanently disfigured after a botched facelift. A Fulton County grand jury awarded her $1.15 million in noneconomic damages, including $900,000 for her pain and suffering.
Atlanta Oculoplastic Surgery, which performed the procedures, asked a judge to reduce the award due to the $350,000 cap. But a Fulton County state court judge declared the cap unconstitutional.
The case was then appealed to the Georgia Supreme Court, which heard oral arguments on the issue in September. The court's ruling has since been hotly anticipated by state legislators and the legal community alike.
The decision comes on the heels of two rulings issued last week that upheld other parts of the medical malpractice changes.
One ruling affirmed a provision that made it more difficult for patients to win medical malpractice cases involving emergency health care providers. The second upheld a provision that allowed one side in a lawsuit to pay the other side's legal fees - a practice which critics said would prevent many victims from bringing legitimate claims to court.
The legislation narrowly passed both legislative chambers after hours of strongly contested debate. It does not cap jury awards for past and future medical expenses.
So I ask. In the years since 1995, has anyone seen cost for medical care drop drastically? I kinda doubt it. Sometimes a arm or a leg is important to some people, while other people seem to think it is just a small mistake by professionals who are trained and educated to make zero mistakes.
We need seven new justices on the GA Supreme Court who will respect the will of the people as expressed by the legislature and not make up their own laws!!
Excellent news. The fear-mongers would have you believe that this is why health-care costs increase. Not true.
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