Monday, March 29, 2010

Georgia Malpractice Cap Struck Down

The Georgia Supreme Court overturned a medical malpractice reform law that capped non-economic damages at $350,000. The case involved a plastic surgery procedure gone awry. A jury founded for the plaintiffs and awarded them over $1 million. Because of the law they were able to collect "only" $350k plus medical expenses. The plaintiffs argued that they did not get a trial by jury because the law overturned the jury's decision in handing out compensation. Unfortunately the Georgia Supreme Court agreed.

It seems to me that the plaintiffs did in fact get a jury trial and they won the lawsuit. Just because the runaway jury awarded them a lottery jackpot doesn't mean that justice wasn't served. The law was passed to prevent vindictive juries like this from handing out unreasonably large malpractice awards. Maybe the plaintiffs would receive more of the award if their lawyers didn't take 30-40% of the money off the top. All you poor Georgian physicians. Get ready to watch a flood of malpractice suits washing over your practices while your insurance premiums skyrocket. I hear Texas is nice this time of the year.

No comments:

Post a Comment