Judge overturns GA's medical malpractice damages limit
A Georgia judge has struck down the state's cap on monetary awards in medical practices, a move that could remake the state's 2005 tort reform law. The judge held that the state's $350,000 cap on noneconomic damages was unconstitutional, as in his view, it gave special protection to the medical profession. The case arises from injuries sustained by Cheon Park, who fell from a ladder and became a quadriplegic. Park's attorneys say that the treating facility, WellStar Douglas Hospital, missed injuries to the neck and spine that led to his quadriplegia. While the current decision doesn't apply to other cases, it will go to the Georgia Supreme Court if the defendants appeal. That court could officially overturn the state caps.
To learn more about the case:
- read this Atlanta Journal-Constitution piece
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Comments
The injuries suffered and outcome of the patient are indeed tragic. It is clear however, that if there is any hope of managing this juggernaut of health care costs, logic must override emotion. Tort reform is one of many areas that must be addressed. We cannot expect costs to mitigate when malpractice lawsuits are the equivalent of the lottery. What are the other steps to getting a grip on health care costs? Go to:
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I agree that logic must over rule emotion in case such as this. Even so, logic informs me that to sustain the quality of life for an individual that is a quadriplegic, $350,000 would not cover even the medical bills necessary for care. If you throw in physical therapy, 24 hour home care (feeding , bathing, urination/catheter/bowel movement aid, dressing), not to mention the equipment such as lifts, transportation and home modifications. You are looking at millions of dollars needed to care for a patient such as Mr. Park. Does this seem fair for an individual who may have been able to avoid this tragic injury if diagnosed properly in the first place? Is he to bear a lifestyle confined to a chair with no aid at all?
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