Ga. court considers malpractice limits

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ATLANTA — Georgia's top court is set to decide the fate of a 2005 law that limits pain and suffering damages awarded in medical malpractice cases.

The Georgia Supreme Court is scheduled to hear a case Tuesday weighing the merits of a $350,000 limit on jury awards for malpractice victims' pain and suffering.

A Fulton County judge struck down the provision in February, declaring it unconstitutional. But supporters appealed the ruling, arguing that the caps don't violate the state constitution.

The caps were at the center of a rancorous debate that dominated the 2005 legislative session.

Doctors and hospitals said the measure would help curb malpractice insurance rates. But trial lawyers said they put an arbitrary price on a victim's life.

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stillamazed
1488
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stillamazed 09/15/09 - 07:54 am
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They need a limit on it.

They need a limit on it. Malpractice cases are a big reason for health care being so high to start with. I am not against anyone being compensated for an error but we don't have to make them millionaires. We also need better cross checking in hospitals to help eliminate some of these mistakes. All states need limits. Everytime you turn on the TV, you see a lawyer promising big bucks for someone to sue, it is really disgusting.

lawyerdude
29
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lawyerdude 09/15/09 - 08:58 am
0
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Ask the doctors and hospitals

Ask the doctors and hospitals how much their rates for malpractice coverage have gone down since the law was passed in 2005. Not a dime. In fact, they have gone up. This law is all about making more money for insurance companies.

concernednative
28
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concernednative 09/15/09 - 09:01 am
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lawyerdude, exactly. The

lawyerdude, exactly. The insurance companies win again. They don't drop their rates but they have less exposure. The insurance companies 1.4 mil a day on lobbyists is money well spent because they seem to win at every turn. Now they will get 30 million more customers without a public option.

Grasshopper
7
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Grasshopper 09/15/09 - 09:34 am
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I say we need a public option

I say we need a public option for lawyers, lets take the tort lawyers profit away.

zzzzzzt
2
Points
zzzzzzt 09/15/09 - 11:03 am
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The insurance companies don't

The insurance companies don't win. This law only limits "pain and suffering" awards. For everything else, the sky is the limit. The winner, as always, is the lawyers. They fight for the right to take half of whatever the victim is awarded. Limit the lawyers compensation to reasonable customary charges for the work they do, and malpractice awards will drop like a rock. Everyone wants to limit what doctors, hospitals, and insurance companies can make, and the lawyers are in the background counting their money.

corgimom
30067
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corgimom 09/15/09 - 05:08 pm
0
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If someone offered you

If someone offered you $350,000 for life-long pain and suffering, would you take it?

andywarhol
0
Points
andywarhol 09/15/09 - 05:46 pm
0
0
How about people just operate

How about people just operate on themselves instead of complaining about a lifetime of pain and suffering at the hands of a person that was trying to help?

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