On March 22 the Georgia Supreme Court ruled that a controversial law capping the amount of money an injured patient could recover from a negligent medical provider is unconstitutional. The 7-0 decision was written by Justice Hunstein. Senate Bill 3, enacted in 2005, stated that a victim of medical malpractice could be limited in the amount of damages they can receive from a jury verdict, even if the harm caused was catastrophic in nature. Read more
Tort Reform
The following is a short film on Betty Nestlehutt. After receiving plastic surgery, Mrs. Nestlehutt, 72, was left with severe injuries to her face. Her ordeal and the botched procedure has caused Georgia’s arbitrary $350k cap on damages to come under fire at the GA Supreme Court. Warning: This film includes graphic images and may upset some viewers.
By Matt Bouillon and Danny Orrock
Georgia Watch is keeping a keen eye on Atlanta Oculoplastic Surgery, P.C. v. Betty & Bruce Nestlehutt at the State Supreme Court that is challenging the cap on non-economic damages in the 2005 tort reform law. Non-economic damages are appropriate in cases where the jury wishes to compensate the injured party for harm that goes beyond lost wages or work opportunities. Pain and suffering, loss of normal marital relations (consortium), and physical injury or disfigurement are all non-monetary losses that fit in this category. Not surprisingly, amounts of non-economic damages can vary widely among cases and jurisdictions. Read more
In 2005 , the Georgia General Assembly delivered a present to Big Insurance, the hospital and medical lobbies, and corporate giants Georgia Pacific, Home Depot, Georgia Power and Coca-Cola. It was called Senate Bill 3, and it severely changed the state’s justice system.
Despite decades of dangerous recalls and fraudulent drug trials related to FDA-approved drugs and medical devices, Sen. Bill Cowsert (R-Athens) filed Senate Bill 101 which would extend immunity from civil lawsuits filed in Georgia to Georgia-based pharmaceutical companies and manufacturers of FDA-approved products.