TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, December 31, 2009

GA Legislators Ready to Revise Tort Reform Provisions if Held Unconstitutional

The Georgia Supreme Court heard constitutional arguments in two tort reform cases this fall.  In September, the issue was a cap on pain and suffering in med mal cases; in October, the issue was the burden of proof in emergency room cases.  Both were enacted in a comprehensive tort reform law passed in 2005.  The General Assembly is watching those cases carefully.  If the court finds either provision unconstitutional, Republican leaders will move to rewrite it and keep it intact according to House Majority Leader Jerry Keen, R-St. Simons Island.  The Atlanta Business Chronicle has the story.


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A few yrs back, the Ohio Supreme Court declared that caps were constitutional. (We needed to replace 2 justices to make this happen). Prior to this, malpractice premium costs were skyrocketing and physicians were quitting the profession or quitting Ohio. While I don't think that caps are ideal, they worked for us. Now, if we had some filter at the front end to screen out the nonsense cases and potential defendants.

Posted by: Michael Kirsch, M.D. | Jan 1, 2010 5:16:09 AM

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