Tort Reform Cap Overturned
Monday, March 22, by a vote 7 to 0 the Georgia Supreme Court overturned the caps on emotional, non-economic pain and suffering passed in the 2005 Tort Reform Legislation. The cap was the center piece of the reform legislation passed in 2005.
The 2005 legislation never capped economic damages such as medical expenses or lost wages. Passage of the non economic cap as part of the legislative package was enough to stabilize malpractice coverage rates and entice more malpractice carriers to the Georgia market improving the OBGyn healthcare market. Exodus of OBs from practice stabilized, access to care for women in the state improved and claims activity decreased. There is concern that overturnment of the cap may lead to a decline in access to obstetrical care for women in Georgia.
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