Recent GeorgiaNews
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois and Louisiana among the nation’s “most unfair”...
Offer ER Doctors Needed Relief
Legislation would provide emergency physicians with helpful, and fair, tort reform Emergency room doctors shouldn’t have to fear lawsuits when simply doing their jobs. A bill in the Michigan House would bring some reasonable control to medical malpractice lawsuits...
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. |