Georgia's Highest Court Rules Medical Malpractice Damages “Unconstitutional”
Last week saw a tremendous moment for trial lawyers and medical practice attorneys around the country. The Supreme Court in Georgia overthrew a cap on non-economic damages in medical malpractice lawsuits.
The decision came in an appeal filed by an Atlanta hospital against a patient who was left severely injured and scarred by a plastic surgery procedure gone horribly wrong. The woman suffered open wounds on her face after she underwent a plastic surgery procedure performed to remove bags under eyes. The woman sued the hospital, and was awarded $1.15 million in non-economic damages. The hospital appealed that verdict, saying that it contradicted a cap on non-economic damages at $350,000 imposed by Georgia's legislators in 2005.
The hospital lost its appeal, and the matter ended up before the Supreme Court of Georgia. That court has decided that allowing a cap on damages in medical malpractice lawsuits, is unconstitutional, and robs a citizen of his right to trial by jury.
As Indiana medical malpractice lawyers, we couldn't agree more. However, around the country, doctors and hospitals have had some amount of success in getting legislators to place limits on the amount of compensation injured victims of medical malpractice can recover. Such efforts have frequently ended up before the highest courts in these states. In January this year, the Illinois Supreme Court also struck down a cap on damages in medical malpractice lawsuits, dealing a blow to the tort reform lobby in that state. Now, Georgia’s SC has followed. As Indiana medical malpractice attorneys, we hope that Indiana will be next.
The Indiana medical malpractice lawyers at Theodoros and Rooth represent injured victims of medical malpractice in Merrillville, Lake County, and across Indiana recover their rightful compensation.
