The Georgia Supreme Court has found that the statutory limitation of awards in medical malpractice cases is unconstitutional, a decision that the American Medical Association (AMA) characterizes as "a step backward" for patients and physicians.

In Atlanta Oculoplastic Surgery, P.C., v. Nestlehutt, et al., the case concerned a patient who had suffered permanent disfigurement after plastic surgery. According to the Supreme Court opinion, after trial the jury returned a verdict of $115,000 for past and future medical expenses; $900,000 in non-economic damages for the Plaintiff-Appellees pain and suffering; and $250,000 for the Plaintiff-Appellee's husband's loss of consortium. Under the Georgia statute OCGA 51-13-1, the jury's non-economic damages award would be reduced by $800,000 to the statutory limit of $350,000. OCGA 51-13-1 had been enacted in 2005 as part of a tort reform package. After trial, the appellees moved to have OCGA 51-13-1 declared unconstitutional. The trial court granted the motion and entered judgment for appellees in the full amount the jury awarded. The defendant-appellant moved for a new trial, which was denied, and then appealed.

The Court's opinion examined the Georgia State Constitution, and the existence at the time of the constitution's adoption of a common law right to jury trial for medical negligence claims. That common law right includes a right to the award by a jury of the full measure of damages, including non-economic damages, as determined by the jury. The court found that OCGA 51-13-1 clearly "nullifies" a jury's findings of fact regarding damages, undermining a jury's "basic function."

J. James Rohack, M.D., AMA President, released a statement after the Georgia Supreme Court decision, saying in part, "The action puts Georgia's patients at risk for the severe access problems suffered prior to 2005 when the state's unrestrained legal system pushed premiums to record highs and forced physicians to limit services, retire early, or move to other states where liability premiums were more stable. Without reform, medical liability premiums for Georgia physicians increased from 10 to 27 percent each year between 2001 and 2004. After a cap on non-economic damages was enacted in 2005, liability premiums stabilized, allowing Georgia physicians to stay in practice and provide care for their patients."

Adapted in part from an AMA press release.

Link: http://www.ama-assn.org/ama/pub/news/news/georgia-medical-liability.shtml

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