Georgia Supreme Court Strikes Down Cap on Non-Economic Damages

The Supreme Court of Georgia has struck down the state’s legislated limit on noneconomic damages for professional liability cases, according to a release from the Georgia Hospital Association.

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The court held that the cap, enacted in 2005, violates the right to a jury trial — specifically, the right to have damages determined by a jury.

In a separate release, the AMA reported that medical liability premiums in Georgia have stabilized since the cap was enacted, but with the decision they could return to increases of 10-27 percent a year that existed before the cap.

Read the Georgia Hospital Association’s release on malpractice reform (pdf).

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