Georgia Supreme Court Declares Medical Malpractice Caps Unconstitutional

By Grant Law Office on April 20, 2011

The last several years have seen many debates concerning medical malpractice caps for damages awarded to victims in malpractice lawsuits. Various states are currently debating the issue in their courts, but not Georgia. According to InsuranceJournal.com, the Georgia Supreme court recently determined that medical malpractice caps are unconstitutional, repealing the cap instated in 2005.

The original purpose of medical malpractice caps was to limit the ability of victims of medical malpractice to recover full compensation for their injuries. The cap was intended to deter legitimate claims from being brought and to increase the profitability of medical malpractice insurers. Such a cap was in effect in Georgia medical malpractice lawsuits since 2005. However, the Georgia Supreme Court determined the cap, which limited noneconomic damages in medical malpractice cases, was a violation of the constitutional right to trial by jury; and so the cap was lifted retroactively.

Georgia medical patients put their trust in their doctors to ensure that they are receiving proper quality care, and it is the responsibility of medical professionals to provide it. However, this is not always the case. There have been countless incidents of medical malpractice in Georgia, but now, victims can be assured of being closer to obtaining the compensation they deserve.

If you or a loved one has been the victim of negligent medical care, you may be entitled to legal action. The trusted Atlanta medical malpractice attorneys of The Law Offices of Wayne Grant, P.C., have years of experience with various types of medical malpractice and will work towards recovering fair compensation for you. Wayne Grant is one of the small number of attorneys in the nation who hold Board Certification in Medical Malpractice Law. Mr. Grant’s certification was granted by the American Board of Professional Liability Attorneys (the only board sanctioned in professional liability by the American Bar Association). To learn more about your legal rights, contact us for a consultation at 404-995-3955.