Recent GeorgiaNews
New Coalition Takes Aim at Tort Reform in Georgia
ATLANTA – A new nonprofit founded by three high-power lobbying firms is setting its sites on tort reform in Georgia. Competitive Georgia announced its formation Tuesday, the latest sign that business leaders are preparing a major push for the General Assembly to curb...
March 2020 Newsletter
In this time of uncertainty and rapidly changing developments regarding the COVID-19 pandemic, we express our thanks and appreciation for those who continue to work at the front line of our health care systems. The HCLA and Protect Patients Now remain committed to...
Legal reform advocates point to medical malpractice figures in New York, Pennsylvania
ALBANY, N.Y. (Legal Newsline) – Experts who have watched medical malpractice lawsuits skyrocket in states like New York, Rhode Island and New Jersey say lawmakers have made it too easy and attractive to sue and reform must happen. “New Yorkers once again pay more for...
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. |