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Posted: 10:39 AM Mar 22, 2010
Ga. court overturns $350K limits on medical malpractice suits
Georgia's top court has overturned a state law
that set a $350,000 limit on jury awards for malpractice victims'
pain and suffering and other non-economic damages.
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March 22, 2010
ATLANTA (AP) -- Georgia's top court has overturned a state law
that set a $350,000 limit on jury awards for malpractice victims'
pain and suffering and other non-economic damages.
The Georgia Supreme Court's ruling, decided Monday by a 7-0
vote, overturns the cornerstone of a sweeping 2005 law that also
set tougher standards for expert witnesses in malpractice trials
and gave new incentives for patients to settle out of court.
Doctors and hospitals contended the measures would curb
malpractice insurance rates and discourage parties from making
frivolous claims. Trial lawyers and patient advocacy groups say
limiting damage awards is unconstitutional because it puts an
arbitrary price on a victim's life.
The court upheld a Fulton County judge's ruling and said the law
violates the right to a trial by jury.
Copyright 2010 by The Associated Press. All Rights Reserved
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