Georgia Supreme Court to Decide Constitutionality of Georgia’s Medical Liability Caps

On September 15, 2009, the Georgia Supreme Court heard oral arguments in Atlanta Oculoplastic Surgery v. Nestlehutt, a case challenging the constitutionality of Georgia’s caps on noneconomic damages in medical liability cases. The statute, O.C.G.A. § 51-13-1, was enacted by the Georgia General Assembly in 2005 as part of a comprehensive tort reform effort. The statute was created in response to the growing concern that medical providers and facilities and insurance providers were leaving the state as a result of the cost of medical malpractice awards.

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