Georgia high court: Limit on noneconomic damages violates Constitution

03/23/2010 | Business Insurance (tiered subscription model)

The Georgia Supreme Court ruled that the $350,000 limit on noneconomic damages in medical-malpractice lawsuits is unconstitutional when it upheld a lower court's $900,000 award decision on a malpractice case filed against Atlanta Oculoplastic Surgery. The surgery clinic challenged the award verdict, saying it violated the state's tort-reform law, but the high court ruled that "the caps infringe on a party's constitutional right to a jury determination as to non-economic damages."

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