Georgia Supreme Court Overturns Malpractice Cap
(Clinical Advisor) — One month after the highest court in Illinois ruled that a cap on noneconomic (i.e., pain and suffering) damages is unconstitutional, the highest court in Georgia has followed suit. In April, the Georgia Supreme Court ruled that a cap on malpractice damages is unconstitutional because it violates the separation of court and legislature and takes away a jury’s fundamental role in determining damages.
