By a 7-0 vote, Georgia's Supreme Court struck down the state's caps on pain and suffering damages in medical malpractice cases Monday. "The very existence of the caps, in any amount, is violative of the right to trial by jury," Chief Justice Carol Hunstein wrote in her opinion for the court. The ruling was the climax of legal fights over a 2005 tort reform package. The caps, which generally limit non-economic damages to $350,000 in a case against a single med-mal defendant, were the most controversial part of the reforms.
March 23, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
By a 7-0 vote, the Supreme Court of Georgia on Monday struck down the state’s caps on pain and suffering damages (pdf) in medical malpractice cases.
“The very existence of the caps, in any amount, is violative of the right to trial by jury,” Chief Justice Carol W. Hunstein wrote in her opinion for the court.
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