GA Supreme Court: Medical Malpractice Jury Caps Are Unconstitutional.

Tort reform, as specifically applied to medical malpractice litigation, is a popular buzz-word. And many states, like GA, have attempted to cap recoverable damages. However, according to Georgia’s Supreme Court, statutory caps on jury awards are unconstitutional and violative of an individual’s constitutional right to a jury trial. Whether this decision permeates other states remains to be seen.

http://www.gasupreme.us/sc-op/pdf/s09a1432.pdf

http://www.insurancejournal.com/news/southeast/2010/03/22/108346.htm

If you would like more information about this post, please contact Bob Cosgrove at rcosgrove@wcmlaw.com.