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Non-economic Damages Cap Ruled Unconstitutional by Georgia Jurist

Posted by Andrew J. Barovick | Feb 10, 2009 | 0 Comments

A Georgia state court judge has ruled that Georgia's cap on non-economic damages in medical malpractice cases is unconstitutional, since it “ invades the right to a jury trial by usurping one of the fact-finding responsibilities of the jury,” according to the San Diego Injury Lawyer Blog Judge Diane Bessen also found that Georgia's cap violated the state's Separation of Powers Doctrine, and its Equal Protection clause, both of which essentially echo those in  the U.S. Consititution.  Addressing  key issues of public policy, Judge Bessen pointed out that such caps “diminish the deterrent effect of tort law,” and impose an unfair “financial burden on the most victimized of plaintiffs.”

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.

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REPRESENTATIVE VERDICTS & SETTLEMENTS:

$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.

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