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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...

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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...

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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...

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Current Medical Liability Laws

 

Damage Caps $250,000 cap on punitive damages. (1992) $350,000 cap on non-economic damages for a judgment against all health care provider(s); additional $350,000 cap on non- economic damages for a judgment against a single health care facility; $350,000 cap on non-economic damages for a judgment against multiple health care facilities. Maximum total award of non- economic damages is $1.05 million. (2005) (Ruled unconstitutional Atlanta Oculoplastic Surgery PC v. Nestlehutt, March 2010)
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 No
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.