Recent GeorgiaNews
December 2023 Newsletter
Intel on Health Care AI As artificial and augmented intelligence (AI) begins to reach physicians’ offices across the U.S., balancing its benefits and limitations requires deeper intel to understand the impacts on patient care and liability. Recently, computer...
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 | $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. |