Capping Non-Economic Damages: Fulton County, GA Judge Declares Unconstitutional

more+
less-

In 2005 the Georgial General Assembly created a law that capped non-economic damages for plaintiffs in medical malpractice suits at $350,000 no matter the extent of the injury or the required amount to make the victim whole again. Recently, Judge Bessen of the Fulton County, GA Superior Court declared that cap unconstitutional. She argued that the cap violated the plaintiff's right to a jury trial as the trier of fact, the cap violated the seperation of powers doctrine and the equal protection clause. This article discusses these arguments in detail and provides analysis of the opinion issued by Judge Bessen. The case has since been appealed by the defendant to the Georgia Supreme Court, who has yet to weigh in on the matter.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Todd Robinson, Emory University School of Law | Attorney Advertising

Written by:

more+
less-

Emory University School of Law on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×