Recent GeorgiaNews
January 2025 Newsletter
Georgia Governor gathers public support for liability reform After years of false starts and competing priorities, Georgia Governor Brian Kemp is reviving efforts to address medical liability reform and its impact on costs for Georgia patients. Speaking at an annual...
Georgia Governor gathers public support for liability reform
ATLANTA (AP) — After years of stalled efforts to limit civil lawsuits, Georgia Gov. Brian Kemp and Republican lawmakers are doubling down with a new push. Supporters, most prominently business groups, call the state a “judicial hellhole,” and argue that businesses are...
November 2024 Newsletter
Socializing and improving safeguards against liability Social media presents unique risks for health care professionals, making well-crafted policies essential to mitigate growing liability concerns. Physician’s Weekly presents a podcast series offering fresh...
Current Medical Liability Laws
| Damage Caps | None for either wrongful death or non-wrongful death medical liability cases. Courts have thus far ruled that specific caps enacted by the legislature were unconstitutional. |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence. If the plaintiff is to some degree responsible for the injury or damages claimed, the judge must first decrease the damages based on the plaintiff’s degree of fault. |
| Collateral Source Reform | If the plaintiff in any such civil action has any form of public or private health insurance, including benefits under a governmental workers’ compensation program, evidence relevant to the determination of the reasonable value of medically necessary care, treatment, or services shall include both the amounts charged for past, present, or future medical and healthcare expenses and the amounts actually necessary to satisfy such charges pursuant to the insurance contract or the applicable governmental workers’ compensation program, regardless of whether the health insurance has been used, is used, or will be used to satisfy such charges. |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Upon the request of either party, the court must establish a schedule of payments for future damages exceeding $350,000. |