Recent Florida News

Nikki Haley’s Good Healthcare Idea: Medical Malpractice Reform Can Help Reduce Costs

The Republican presidential candidates during last week’s debate offered few useful ideas to improve healthcare and lower costs. But credit to Nikki Haley for highlighting one: tort reform. Asked how to protect sick Americans from financial ruin, she mentioned the...

September 2023 Newsletter

Liability reform returns to Georgia legislative agenda New advocacy efforts in Georgia have elevated the importance of medical liability reform, adding it to a list of business and patient-focused priorities this legislative session. Nearly 20 years ago, the state...

Tort Reform Fight Returning to General Assembly

ATLANTA — After years on the back burner in the General Assembly, tort reform promises to be front and center when Georgia lawmakers convene in January for the 2024 legislative session. Gov. Brian Kemp signaled his intention to push for changes in the state’s civil...

Current Medical Liability Laws

Damage Caps	For physicians $500,000 cap on non-economic damages per claimant with any one physician not responsible for more than $500,000. For nonpractitioners, $750,000 cap on non-economic damages. The cap increases to $1 million in non-economic damages for physicians if the negligence resulted in death or a permanent vegetative state or if the court finds that a manifest injustice would occur unless the non-economic damages cap was increased because the non-economic harm sustained by the patient was particularly severe and the defendant’s negligence caused a catastrophic injury to the patient. (2003)
Joint Liability Reform	Yes. Defendants are responsible only for their proportionate share of negligence.
Collateral Source Reform	Yes, and the court must reduce damages by the amounts paid to the claimant from collateral sources. If a right of subrogation exists, there is no reduction in damages. Benefits received by the government sources are not considered collateral benefits.
Attorney Fees Limited	Patients receive 70% of the first $250,000 awarded and 90% of the remainder of the award. Attorneys will still get payment for court and witness expenses. (2004) Patients may waive contingency fee limits.
Periodic Payments Permitted	Yes, for future economic awards exceeding $250,000, the court must order periodic payments at the request of any party unless the court determines that manifest injustice would result to any party.