A Georgia court has struck down the state's $350,000 non-economic damages cap in medical malpractice cases, saying the cap made the jury's job of determining appropriate damages "a meaningless exercise." The court went on to say,
“...the statute effectively puts substantial limitations on the rights of the poor and middle class to recovery while leaving the right to virtually unlimited recoveries unimpeded for the wealthy. Under the caps enacted by S.B. 3, the disabled manager of a hedge fund, a corporate CEO, an entertainer, or such other person whose income is in the tens of millions of dollars has a claim under Georgia law that would dwarf the amount awarded in any case for pain and suffering.”
Check out the full decision here.
That's some good news for once. That g-d, at least one state judge has some sense. We'll see if it holds up on appeal.
Posted by: Perry's Mollycoddler | May 06, 2008 at 06:50 PM