GEORGIA SUPREME COURT STRIKES CAPS IN MED MAL CASES
March 23, 2010
The Georgia Supreme Court ruled Monday that the state may not limit the amount of money juries award to victims of medical malpractice. The ruling struck down that portion of Georgia’s 2005 Tort Reform bill that capped medical malpractice victims’ jury awards at $350,000 for pain and suffering. The court held that the cap removed a jury’s fundamental role to determine the damages in a civil case.
“The very existence of the caps, in any amount, is violative of the right to trial by jury,” Chief Justice Carol W. Hunstein wrote in the decision.
The court’s decision arose from the case of a 71-year-old woman, Betty Nestlehutt, who was permanently disfigured after face-lift surgery. A jury awarded she and her husband $1.26 million in damages, including $900,000 for her pain and suffering. Because of the cap, her damages were reduced to $115,000 for medical expenses and $350,000 for pain and suffering. As a result of the ruling Monday, the original award was reinstated.
“The bedrock of our democracy — our ability to self-govern at the ballot box and in the jury box — remains intact,” said Adam Malone, the lawyer for Ms. Nestlehutt.
The lawyers at Fried & Bonder congratulate Adam Malone, along with all others involved, for their courageous and hard work.
