Professor Alberto Bernabe -
The John Marshall Law School
Friday, February 13, 2009
Georgia med mal damages cap declared unconstitutional
State Court Judge Diane Bessen has ruled that the Georgia statute that capped medical malpractice non-economic damages violates the Georgia Constitution holding that "[a] limit or cap on noneconomic damages ... invades the right to a jury trial by usurping one of the fact-finding responsibilities of the jury... ." The opinion is available here.