Georgia’s Medical Malpractice Award Cap Goes Before State’s High Court

Georgia’s top court is set to decide the fate of a 2005 law that limits pain and suffering damages awarded in medical malpractice cases.

The Georgia Supreme Court heard a case this week weighing the merits of a $350,000 limit on jury awards for malpractice victims’ pain and suffering.

A Fulton County judge struck down the provision in February, declaring it unconstitutional. But supporters appealed the ruling, arguing that the caps don’t violate the state constitution.

The caps were at the center of a rancorous debate that dominated the 2005 legislative session.

Doctors and hospitals said the measure would help curb malpractice insurance rates. But trial lawyers said they put an arbitrary price on a victim’s life.