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Georgia limits on non-economic damages found unconstitutional

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Georgia limits on non-economic damages found unconstitutional

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The cap on noneconomic damages in Georgia was unanimously struck down by the Georgia Supreme Court, who stated in their opinion that caps are “violative of the right to trial by jury.” The issue was brought before the court in a case involving a woman whose face was permanently disfigured after a face-lift operation. The jury awarded $1.15 million in noneconomic damages; however, the 2005 tort reform law limited the award to $350,000. As a result of the decision, the initial award will stand.  Bill Rankin, Atlanta Journal-Constitution

The Georgia Supreme Court announced, in a unanimous 7-0 ruling, it has found a state law limiting damages awarded for pain and suffering in medical malpractice lawsuits to be unconstitutional.

The cap on awards was the heart of the 2005 attempt at tort reform. Look for the ruling to restart Georgia’s own debate over health care and its costs in the Legislature.

“Reprinted with permission of Victoria Powell, Author/Blogger at VP Medical, http://www.vp-medical.com “.

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