Georgia Supreme Court Lifts Cap on Pain and Suffering Damages in Malpractice Claims

On Monday, a unanimous Georgia Supreme Court overturned one of the more controversial elements of the state’s 2005 Tort Reform act – a cap of $350,000 on “non-economic” damages (known better to you and me as “pain and suffering”).  Chief Justice Hunstein wrote that, “The very existence of the caps, in any amount, is violative of the right to trial by jury.”

Hat tip to local firm Fried and Bonder.  (I wouldn’t line a birdcage with the Atlanta Journal and Constitution, much less read it, so I might not have known about this for a few days.)