Cap on noneconomic damages is unconstitutional, Georgia judge says

The case likely will head to the state Supreme Court, which has invalidated other medical liability reforms.

By Amy Lynn Sorrel, AMNews staff. June 2, 2008.

A Georgia trial court ruling is the latest assault on reforms that curb pain and suffering awards in medical liability cases.

Fulton County Superior Court Judge Marvin S. Arrington Sr. found the state's $350,000 limit on noneconomic damages unconstitutional, saying it violated patients' equal protection rights and access to a jury trial. Lawyers involved expect an appeal, which would send the issue to the state Supreme Court.

"There is no doubt that the caps go to the core of a party's right to have a jury determine his or her claims," Arrington wrote in the April 28 opinion.

"One category of professional defendants have been singled out for special protection, with the result that their victims have been singled out for special disadvantages and limitations."

The decision comes on the heels of a similar one in Illinois, where a trial court last November struck down the state's $500,000 cap for violating the separation of powers between the Legislature and judiciary. The case was appealed to the Illinois Supreme Court.

The Litigation Center of the American Medical Association and State Medical Societies and the Illinois State Medical Society filed a friend-of-the-court brief in May. A ruling is expected later this year.

Physicians say the court decisions threaten to undo improvements in the medical liability environment in their respective states. Doctors promised to defend the reforms, which they say strike a balance between patients' legal rights and concerns over the availability of medical care.