By Jonathan Shapiro

This past March, the Georgia Supreme Court ruled unanimously that limits on jury awards in medical malpractice cases are unconstitutional.

“The very existence of the caps, in any amount, is violative of the right to trial by jury,” wrote Chief Justice Carol Hunstein. “[The cap] clearly nullifies the jury’s findings of fact regarding damages and thereby undermines the jury’s basic function.”

The ruling effectively strikes down the centerpiece of Georgia’s sweeping 2005 tort reform law, Senate Bill 3, which capped noneconomic awards – including those for pain and suffering – at $350,000. Read more

By Angela Speir Phelps and Danny Orrock

There’s been a lot of chatter about the Supreme Court of Georgia’s decision to overturn caps on damages for victims of medical malpractice. It’s understandable this would generate interest, since it affects our most basic rights as citizens.

In 2005, Senate Bill 3 was heralded as a fix for many of the ills facing the health care industry. Read more

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.

Since 2006, Georgia Watch has pushed the legislature to add more consumer members to the State Medical Board – members who work outside the medical profession. Consumer members help balance the interests on the board and improve the representation of average consumers in closed-door disciplinary hearings. Disciplinary hearings occur after alleged incidents of malpractice or negligence. Read the rest of this entry »

In 2005, several statewide advocacy groups promoted what we believe is a sound approach that would go a long way to lower malpractice premiums for doctors AND promote patient safety: House Bill 779, also known as The Consumer Right to Participate Act.
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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.

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In 2009, Georgia Watch monitored more bills that affect your wallet and rights as a consumer than in any previous year. Read the rest of this entry »