Judge overturns GA's medical malpractice damages limit

Fri, 02 May 2008 06:59:54 -0400

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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Tort Reform

Judge overturns GA's medical malpractice damages limit