Recent GeorgiaNews
Doctors still face harsh medical liability realities
When looking at the medical liability landscape, doctors will see some recent victories fending off tort reform challenges. California's $250,000 noneconomic damages cap -- long considered the gold standard among state tort reforms -- was upheld by an appellate court...
GOP bill would create health care tribunals
Washington - New House legislation aims to curb the overuse of health care by establishing clinical best practices for physicians and creating health care tribunals to hear medical liability cases. "The practice of defensive medicine adds billions of dollars of...
GOP introduces medical liability bill to complement healthcare efforts
Key House Republicans last night introduced the HEALTH Act, which aims to lower the cost of healthcare through medical liability reform. The bill is designated as H.R. 5, which indicates it is a high priority for House Republicans. The bill is sponsored by Rep. Phil...
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. |