Limit on Georgia Medical Malpractice Damages Struck Down
The Georgia Supreme Court unanimously set aside a Georgia law that limited the amount of money a jury could award to victims of medical malpractice. No longer will those injured by medical negligence in Georgia be subjected to the $350,000 cap on pain and suffering set be the Georgia legislator.
The Court emphasized in its decision that the cap on non-economic damages violated the constitutional right to a jury trial which is mandated by the Georgia Constitution. This is a large victory for those injured in medical malpractice cases. Equally important, the decision seems to have sent a clear message to the Georgia legislators that attempts to pass new laws with similar limits will not be upheld by the Court since the right to a jury trial is derived from the Georgia Constitution.
As experienced Georgia Medical Malpractice lawyers, we at Fleming Law, PC are proud or our Supreme Court of Georgia for protecting those injured medical malpractice victims who otherwise would not have been fully compensated for their injuries.
If you have an interest in discussing your situation in complete confidence, contact Robert J. Fleming directly at (404) 923-7497 or contact us online. We are here to help.
