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Damage caps ruled unconstitutional in Georgia
Monday, March 22, 2010
Atlanta Journal-Constitution: The Georgia Supreme Court ruled Monday on a unanimous 7-0 vote that a 2005 state law limiting the amount that can be awarded to medical negligence victims for pain and suffering is unconstitutional. The opinion states the constitutional right to a trial by jury “includes the right to have a jury determine the amount of…damages, if any, awarded to the [plaintiff].…The very existence of the caps, in any amount, is violative of the right to trial by jury.”
Related posts:
- The fight over damage award caps moves to Maryland
- Law professors make the case against medical negligence award caps
- Damage caps affect only “those who were harmed by preventable errors”
- At least Florida’s malpractice damage caps have helped insurers
- Medical negligence cases are declining even without caps on damage awards
Tags: damage award caps, Medical negligence, MICRA;
Category: In The News;