Georgia Tort Reform Negatively Impacted Medical Malpractice
The Tort Reform laws recently passed in Georgia cap the pain and suffering (non-economic damages) to $350,000. This cap is changes the long standing laws which allowed the
made it very difficult to find an attorney willing to accept any medical malpractice claims that are not catastrophic in nature. Because the cost of litigating medical malpractice claims is enormous, medical malpractice attorney’s have traditionally been very selective about which cases they would take. Now with Tort Reform which capped the pain and suffering on all Georgia medical malpractice claims at $350,000, it does not make sense for attorney’s to take any medical malpractice claims that do not involve catastrophic injures. The cost of litigation can be high and range from $50,000 to $100,000 or more so unless the future medical expenses are extremely high, it is often very hard to find a medical malpractice attorney. Jury verdicts against doctors are also very hard to obtain since jurors often feel that the doctors are trying to help us and are doing the best they can. Tort Reform appears to be continuing in today’s political environment and will likley spread into the other areas of personal injury beyond medical malpractice with caps on damages and other limits on liability.
Richard S. Griffin, Attorney At Law. http://www.griffinlawfirmpc.com/
www.griffinlawfirmpc.com or call 404-303-8400 ext. 210.
