Medical Malpractice Damage Caps Held Unconstitutional
Joy in Whoville! A great victory for those Georgians who have been, and who will be in the future, seriously injured due to medical negligence. Today, the Georgia Supreme Court unanimously declared caps on damage awards for medical malpractice cases to be unconstitutional.
The Supreme Court found that the $350,000 cap imposed by the Legislature in 2005 violates the right to a jury trial as guaranteed under the Georgia Constitution. The tort reform law "clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function," Justice Hunstein wrote for the Court. "Consequently, we are compelled to conclude that the caps infringe on a party's constitutional right."
Atlanta lawyer Adam Malone, who represented the victim at trial, applauded the court's decision. "The bedrock of our democracy depends upon our ability to self govern at the ballot box and in the jury box," Malone said. "Any attempt by the government to invade either is an assault on what separates America from the rest of the world."
