Tuesday, March 23, 2010

GA Supreme Court Strikes Down Medical Malpractice Damages Cap

The Atlanta Journal-Constitution reported: "A unanimous Georgia Supreme Court on Monday struck down limits on jury awards in medical malpractice cases," ruling that the $350,000 cap on noneconomic damages violates the right to a jury trial guaranteed by the Georgia Constitution, as the cap "'clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function,' Chief Justice Carol Hunstein wrote for the court." Read more.

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