No Cap on Medical Malpractice Law Suits | Atlanta Medical Malpractice Attorney

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3/29/2010
James K. Murphy
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No Cap on Medical Malpractice Law Suits | Atlanta Medical Malpractice Attorney

Date: March 22, 2010
Location: State of Georgia
Event: Medical Malpractice | Atlanta Medical Malpractice Attorney
Title: No Cap on Medical Malpractice Law Suits

On March 22, 2010, the Georgia Supreme Court unanimously held unconstitutional the $350,000 arbitrary cap on noneconomic damages in medical malpractice negligence cases, after five years of passage of legislation to limit rights or people who have been injured. According to chief Justice Carol Hunstein the Georgia Constitution, “one size fits all” limitation on damages encroaches on the an individuals right to a jury trial.

Since this new ruling was a unanimous one and based upon constitutional principle in order to overturn it the General Assembly would have to amend the constitution to reinstate. This would further require a House and Senate two-thirds majority vote and there are only a few days remaining to introduce such an amendment.

Murphy & Associates handle medical malpractice claims throughout the State of Georgia. If you or a loved one feel you may have a claim please feel free to contact us by contacting us at (770) 577-3020 for a free consultation.